Hird considering High Court appeal

By News / Wire

Essendon coach James Hird has confirmed he will consider High Court action, saying the AFL players and officials charged over the club’s supplements scandal have less rights than the average citizen.

Hird said his two failed Federal Court challenges against the joint AFL-ASADA investigation into the Bombers’ 2011 supplements program had been costly.

But he continues to strongly defend his legal action, saying the aim has been to help create a fair system for the players.

Hird’s Federal Court appeal was dismissed last Friday, leaving the High Court as his last option.

He broke ranks with Essendon late last year and launched the appeal after their original court action against ASADA also failed.

“We’ll reserve our rights as to whether we go to the High Court … we’ll have a good sit down to think about it,” Hird told the Seven Network on Monday after returning from the United States.

“We feel now that … our 34 players and our support staff probably have less rights now than the average Australian citizen.”

An AFL anti-doping tribunal is hearing charges against the 34 current and past Essendon players, with verdicts expected in the next few weeks.

Hird called his legal action an expensive exercise.

“Personally, it has cost me a lot of money and it’s money that we have to go and find,” he said.

He also responded to ongoing criticism about his two Federal Court actions.

“I’ve been roundly criticised obviously, firstly for bringing this proceeding and then obviously launching the appeal,” he said.

“But I felt very strongly about the fact that our players weren’t given the right to go through a lawful investigation.

“This was not about suppressing evidence, this was not about trying to get the players off on a technicality.

“It was about trying to get the players a fair, I suppose, system.

“We were forced to go in and give evidence … and we weren’t provided with the confidentiality that one would expect.”

The Crowd Says:

2015-02-07T12:00:30+00:00

NeeDeep

Roar Pro


Well, perhaps rather than leave me in my ignorance, you could just answer my last post - do you think Collingwood and Essendon are outside the rules that the other 16 clubs abide by? That seems to be the point you are making............am I wrong?

2015-02-07T11:42:30+00:00

Aransan

Guest


NeeDeep, I am glad I have been allowed to respond to you so far without being moderated as happened on a previous occasion. I am wondering what your interest is in all of this, I even wonder if you are a supporter of the AFL. You don't seem to have been too happy about me explaining some of the rules governing betting, perhaps I should have left you in your ignorance.

2015-02-07T11:14:09+00:00

NeeDeep

Roar Pro


Are you saying Collingwood and Essendon should be outside the rules that apply to the other 16 clubs, because you believe they're propping up the AFL??? Wow - that's arrogance on James Hird level!!!

2015-02-07T07:37:49+00:00

Aransan

Guest


There is a lot more at stake here than just for Essendon. Supporters of other teams mightn't realise it but the AFL gains a lot of revenue from clubs like Essendon and Collingwood. The sooner this business is put to bed the better it will be for everyone apart from the media and the legal fraternity.

2015-02-07T07:09:03+00:00

NeeDeep

Roar Pro


Let's hope for your sake, the rest of the Bomber faithfuls and especially the Essendon players, that you're not flogging a dead horse!

2015-02-07T06:18:35+00:00

Aransan

Guest


Usually it takes time to find out a horse was doped after it won, in the meantime punters who backed it can claim their bets and the losers have no recourse. Of course the connections of the horse will have to refund the prize money. Commercial considerations come into this, another example is some bookies will pay out in full even if a horse is beaten on protest. The money has to be available to be bet on the next race.

2015-02-07T05:53:07+00:00

NeeDeep

Roar Pro


Another commercial aspect to consider is sports betting. The AFL through it's media / TV rights and so on, have given the bookies a very big interest in the sport, including the Brownlow, Coleman, as well as the Premiership and individual games, etc. Where are these people going to sit, if the whole thing suddenly blows up? How many Sam Mitchell punters will line up for a refund, if Jobe Watson is stripped of his Brownlow Medal? How would the AFL handle that issue? I guess the closest comparison you could make is horse racing - and what happens there if a horse has been nobbled? The trainer is banned for life, the horse is disqualified for an indefinite period and the punters get a refund.

2015-02-07T04:45:34+00:00

Aransan

Guest


I assume that two other players of the 34 are Brent Prismall (Bulldogs VFL) and Kyle Reimers and there could be a couple of others no longer on Essendon's list. I believe it was a big mistake for an industry such as the AFL to come under ASADA's umbrella, this was driven by politicians in the beginning when ASADA should have been focussing on Olympic sports which do not have such commercial considerations. The penalties you are anticipating would have significant implications for the AFL, even Essendon withdrawing from the NAB Cup will cost either the NAB or the TV sponsors and presumably the AFL. I wonder how many Essendon supporters would cancel their Foxtel subscriptions if the club was going to be uncompetitive for a year or two. This business has gone on far too long and the delays haven't just been of Essendon's making. The process was also corrupted by the continual leaking and I don't blame ASADA for that. Essendon and its players have already been punished in a very big way even apart from the penalties handed out late in the 2013 season. I would argue that the timing of those penalties was driven by commercial considerations and I think that was fair enough.

2015-02-07T02:24:32+00:00

NeeDeep

Roar Pro


Which is why I think the major parties to this whole affair - the AFL, ASADA and the Essendon Football Club - have dragged things out for so long. The addition of Goddard, Chapman & Cooney, along with the disbursal of Monfries, Crameri, Ryder and probably a few more going in and out, has got things to a point where the Bombers will be seriously damaged by the upcoming suspensions, but not unable to put a team on the park. Zaharakis apparently wouldn't be part of the programme and that in itself, underlines why the players will most likely cop a whack - they had the option to say NO! I see a season, maybe 2, where Essendon could be uncompetitive and the AFL has to weigh that up against the "integrity" of the game. ASADA needs to weigh it up against being relevant, or not relevant and if their attempts to prosecute this case amount to nought, then we should disban ASADA and just open the floodgates!

2015-02-07T00:42:13+00:00

Aransan

Guest


I think it would fill the AFL with dread to think about the commercial considerations if the Essendon players were to be banned for a significant period. In the meantime Essendon would be well advised not to have the affected players perform in the NAB Cup, and as they want their names kept confidential then they should withdraw from the Cup altogether. The appeal by Hird is basically being ignored by the EFC and the AFL. Penalties are certainly coming but anyone thinking commercial considerations are going to be ignored will be disappointed.

2015-02-06T11:48:11+00:00

NeeDeep

Roar Pro


Story Breaks - around Christmas time in 2012, early 2013, when Damien Barrett interviews Kyle Reimers who has returned home to Perth. The fact Barrett was alerted to the possibility of a story means Reimers spoke to someone that brought it to Damo's attention and you can bet London to a brick, whoever that person was, wasn't the only person Reimers spoke with. Accordingly, the details of what was happening at Essendon came to the notice of ASADA and perhaps also the AFL. What happened next? Andy on the phone to Bomber land, around early February, 2013, followed by the hastily convened presser by the Essendon Football Club, at which point James Hird clearly stated, that he would be "shocked and appalled" if this sort of thing had been happening at the EFC. Lock that one in!!! Then everybody grabs a parachute and heads for the door, leaving The Weapon without a seat. He goes a little public with some info and eventually, the Bombers settle "out of court", with Mr. Weapon and we haven't HIRD from him since. Jackson resigns, Dank's not talking to anybody (yet) and Charters & Alvi after initially co-operating, all of a sudden don't wont to talk to anybody, anymore??? Hirdy goes on a fully paid years study tour and then AD throws in the towel down at AFL House. Then Hird appeals against the manner in which the evidence was obtained. Which means he's not denying the validity of the info, purely the process. So, we should read that as the info ASADA has is correct and James wants it tossed out, because it doesn't paint a good picture for him, the club, or the players. I think if you just look at the way doors are being closed in an effort to withhold the full story (I won't use the word truth, but you get the feeling that could be an option). It all just smacks of a cover up and manipulation, in an effort to protect the games integrity, as well as the Essendon Football Club and James Hird's reputation. The problem here for the AFL and ASADA is, if they go weak on penalties - and you have to think they are coming and are no longer a maybe - then they risk ASADA becoming irrelevant and the AFL looking like a competition riddled with impropriety. The test case could be the Ahmed Saad case, in which a player was suspended for 18 months, for drinking a sports drink, unwittingly. If he had consumed the drink the previous evening, he would have been OK. It must fill Essendon supporters with dread, to think a guy gets 18 months for that and the concern is what will happen to their players, who were receiving injections over an extended period, that are outside the ethical and moral code of Australian Rules Football!

2015-02-06T08:28:48+00:00

Gus Paella

Guest


I think most people would consider Hird the architect and Dank the sub contractor. Do you think Robinson and Dank forced Hird into that program?

2015-02-06T04:43:05+00:00

Smokey

Guest


And still not one person mentions Stephen Dank,the instigator behind all this (as well as Dean Robinson).

2015-02-05T08:08:03+00:00

Penster

Guest


It's Mabo, it's the vibe ……...

2015-02-05T08:06:19+00:00

Penster

Guest


They can't sack him for that - he was re-signed on a new contract since the scandal broke. Essnedon knew this at the time. In short, Essendon are stuck with the self proclaimed Robin Hood of AFL. Dumb and Dumber.

2015-02-04T06:52:57+00:00

Casper

Guest


why can't this guy just accept what the majority of people feel, he was guilty of taking his players down a dark path for the sake of trying to win a premiership. Dabbled in whatever it was and was dirty on being found out. Just because his wife's a lawyer doesn't give him any extra rights. I'd like to know how many other professions suspended from their calling for a significant breach can continue to get paid and be guaranteed their job back on higher pay after the suspension finishes. I reckon he's got colossal cheek & only dyed in the wool Essendon supporters would back him.

2015-02-04T02:57:52+00:00

Martin

Guest


I didn't intend to imply that, I don't condone the injection of illegal substances. Please read my response to Rick's comment.

2015-02-04T02:43:24+00:00

Martin

Guest


Yes Rick, you read me correctly, I was referring to the legal process the players were subjected to. The Federal Court has ruled that the process was legal; however, as others have commented above: what is legal is not necessarily fair. So, I am just suggesting that the fairness aspect should be examined. With regard to AR’s comment, I was not implying what he has inferred. That is, I certainly don’t condone the injection of illegal substances, and the same for experimental substances

2015-02-04T01:21:37+00:00

Doc Disnick

Roar Guru


Good point AR. I read Martin's comments as the 'legal' process they were subject to. But Martin could be talking about what you are suggesting also. Martin can you clarify what you mean, because if AR is correct then two things instantly come to mind. 1. The players were fully aware of it and are laying low (which is probably the smartest thing) 2. They were not aware (to some extent) and are awaiting the outcome. Should suspensions be handed out then I suspect the players association - in collaborating with an army of lawyers - will probably get involved. I can easily see this if 2 year suspensions and handed down and one Jobe Watson has his Brownlow stripped.

2015-02-04T01:15:13+00:00

Casper

Guest


AR - maybe you can explain to this demented and delusional person exactly how it has been bad for EFC. We are talking specifically of the court action here.

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