Mega Thread JUDGMENT -Essendon/Hird v ASADA Trial: Investigation legal (club/ASADA/AFL/AFLPA/WADA statements)

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Voxdei said:
From The Age:

"Fairfax Media was told on the eve of the verdict delivery that Hird, who has already shelled an estimated $500,000 on the Federal Court action, would almost certainly appeal an adverse finding.

Fairfax understands that club and coach were aligned on this front."

Essendon aren't interested in the truth. They just want to get away without too much more damage.
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How much detail did they have though? Given how emphatic the verict appears to be, surely they have to reconsider. It's only a matter of time that they use up all their 'golden boy' credits and the Essendon power-brokers and fans alike start wanting to just get on with dealing with the actual infractions, which quite likely will not be that severe anyway (relatively speaking).

As you indicate, if they do appeal, it would confirm for many that this is just turning into one big prideful exercise in saving face.
 
Carlo said:
Link!!!
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For obvious reasons I have sued all parties,including myself.
I wish to make no further statements regarding this embarrassing and isolated:rolleyes: incident as to my behaviour,my family and myself hope you can understand our need for privacy in these extenuating circumstances.
 
At what point do the Essendon fans (who in my opinion are the biggest innocent victims in all of this) show some outrage towards the people running their club? If this all goes pear shaped (and it is increasingly looking like it will) the people that will be left to pick up the pieces will be the members.

The last thing that I would want to see is the EFC go to the wall because it was run into the ground defending people that will be gone the moment they are found guilty of wrong doing. How EFC thought it was a good idea to allow Hird back into the club before any of this was resolved shows a delusion of misplaced righteousness I have never seen before.

I have gone past being angry at the people running Essendon for alledgedly running a doping program to being furious that they are going to place the very existence of the club in jeopardy.

One thing is for sure, there will be no winners out of this...none.
 

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_Christoh_ said:
At what point do the Essendon fans (who in my opinion are the biggest innocent victims in all of this)
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The players are well ahead of them on that front. The fans will still be able to continue to go about their business for the next two years and won't have to worry about any effects on their health down the track.
 
Going to be an embarrassing space around the bomber table on Brownlow night, if they turn up!
 
telsor said:
True enough.

My point was more that if they knew what was happening, they were complicit in the action and thus would have a hard time suing over it's consequences.
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True. The club could argue a defense based upon volenti non fit injuria - basically that the willing cannot be injured, but such a defence would need to prove that the players were adequately informed of the risks and proceeded anyway.

Ironically, any evidence that they might have that would help them in this defense would crucify them in legal proceedings against the AFL or ASADA. Instead they went for the strategy of "they can't punish us if we don't document". As far as we know, record keeping was poor and they cannot tell us or the players exactly what was injected, therefore (IMO) cannot tell them what the risks are either.

It's kind of a moot point considering if their due diligence was good, we wouldn't be questioning what was on the "waivers" because the club would never have gone down the road to begin with.
 
TheEnsign said:
Good point. Contrast with the language around 'harmful or illegal' from this earlier release - http://www.essendonfc.com.au/news/2014-06-15/little-requested-delay-from-asada.

They're now parsing their language even more carefully than before, and when you consider that ASADA seems to have access to 'supply chain' evidence (pre the substances entering EFC premises) that the club does not, it seems to be a tacit admission from EFC that their case is not strong.
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Exactly. My point all along this has been, ASADA only needed to get to the importer or the chemist who compounded the material.

Remembering that the latter would have qualifications that could be cancelled by the regulatory boards, I bet I know who would be giving evidence for ASADA.
 
thegerman said:
Exactly. My point all along this has been, ASADA only needed to get to the importer or the chemist who compounded the material.

Remembering that the latter would have qualifications that could be cancelled by the regulatory boards, I bet I know who would be giving evidence for ASADA.
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I'm willing to bet that ASADA have the compounding pharmacist in their pocket to wheel out if need be. He had a simple choice lose everything to stand by Dank or lose nothing and tell ASADA everything, pretty simple.
 
In fact, the more I think about this, the more I think Essendon FC should be suing Hird and his mates, not helping him sue ASADA.

After all...

Who has caused the harm to the club?

Who has exposed the players to god knows what?

At the moment Essendon are basically suing the cops for investigating because they've been roofied by a family member.
 
LoungeLizard said:
Charters Dank
China<------------->Australia -----------> compounding chemist---------->EFC
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ANd importantly the admission from most (not all) players that they received injections of the substance they believed was Thymosin.

That is critical. Not every player was issued with SCNs. Those who denied receiving injections were not issued SCNs.

Hence, if there interviews were thrown out by the court - ASADA would not have evidence of each individual receiving the drug. The chain would have ended at Essendon's front door. However ASADA need evidence against individuals, not the club.
 

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The Falcon Strike said:
ANd importantly the admission from most (not all) players that they received injections of the substance they believed was Thymosin.

That is critical. Not every player was issued with SCNs. Those who denied receiving injections were not issued SCNs.

Hence, if there interviews were thrown out by the court - ASADA would not have evidence of each individual receiving the drug. The chain would have ended at Essendon's front door. However ASADA need evidence against individuals, not the club.
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Imo they didn't need to win in court to get the players, but they wanted to win to get who they are really after.
 
LoungeLizard said:
Imo they didn't need to win in court to get the players, but they wanted to win to get who they are really after.
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Without the players being found guilty of doping, there is nothing to hang Hird on. He has served his sentence (albeit light and sill paid) for his negligence/disrepute

To drive him out of the game it needs to be shown he oversaw systematic doping.
 
The Falcon Strike said:
Without the players being found guilty of doping, there is nothing to hang Hird on. He has served his sentence (albeit light and sill paid) for his negligence/disrepute

To drive him out of the game it needs to be shown he oversaw systematic doping.
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exactly what he wanted thrown out, the questions the player answered, like did Hird engineer the program etc.
 
Bluesince62 said:
Can't help but think the taxpayer's money is being spent at ASADA tonight on an almighty big pissup.
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Finally, two good uses for taxpayers money in the one day !!!!
 
Bluesince62 said:
Can't help but think the taxpayer's money is being spent at ASADA tonight on an almighty big pissup.
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I'm sure they can factor it into the legal fees so Essendon gets to pay :)
 
I was in court to hear the outcome and was fairly close to Little (sadly). You could see the blood rush out of him and I could see (almost) a broken man. There is no appeal from Essendon from what I saw at that time. Obviously their counsel will work through the text and try and find holes however I see Middleton saying to Hird and the 34 that it was as close to frivolous as you could get and as you were well lawered up during the interviews you should have complained or desisted in the interviews then.

Assume the Flowerdrum is fully booked out this afternoon so its off to Mrs P for a celebratory drink.
 
Bombers safe
Surely James needs to head back to France
Imagine what he will cop on match day from the opposition brutal
 
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