James Hird appeal verdict could derail ASADA case against Essendon 34

[compact72]

A VERDICT in James Hird's Federal Court appeal against ASADA could be handed down next week.

It is understood the three Federal Court judges presiding over the Hird appeal are keen to deliver their judgment before Christmas, having already granted an expedited hearing.

A decision in favour of Hird could stop ASADA's pursuit of 34 current and former Essendon players in its tracks.

http://www.heraldsun.com.au/sport/a...inst-essendon-34/story-fni5f6kv-1227161147140

 

[Thrawn]

Nice headline, Herald Sun.

But didn't the players make it known the court that they wanted no part in this and wanted the process to continue? The players weren't a party to Hird's legal action, so how can they stop "ASADA's pursuit" when they weren't even represented?

 

[Barry_Badrinath]

Lol. Middleton's decision isn't getting overturned. It was emphatic.

 

[QuietB]

Nice headline, Herald Sun.

But didn't the players make it known the court that they wanted no part in this and wanted the process to continue? The players weren't a party to Hird's legal action, so how can they stop "ASADA's pursuit" when they weren't even represented?

It will be like flies to s**t if Hird wins though

 

[QuietB]

Lol. Middleton's decision isn't getting overturned. It was emphatic.

We thought the original decision was a smack down, imagine the smack down aimed at Middleton if this was overturned . Is Middleton one of the sitting judges on the appeal?

 

[telsor]

Nice headline, Herald Sun.

But didn't the players make it known the court that they wanted no part in this and wanted the process to continue? The players weren't a party to Hird's legal action, so how can they stop "ASADA's pursuit" when they weren't even represented?

That's why Hird still has a job.

If sacked, he wouldn't have standing before the court to 'act for the players', thus, couldn't appeal.

So it represents a freebie for club/players...They can claim they want no part of it/oppose the appeal, and try to claim 'cooperation', but still get the benefits if it wins.

 

[Barry_Badrinath]

It will be like flies to s**t if Hird wins though

That's about as likely as Miranda Kerr ringing me up and asking me to join her and her friend Giselle for some jelly wrestling.

 

[compact72]

However I think the crunch of it, maybe decision early next week.

Makes you wonder why Middleton wanted the court action public. Champ

 

[Gigantor]

We thought the original decision was a smack down, imagine the smack down aimed at Middleton if this was overturned . Is Middleton one of the sitting judges on the appeal?

Of course not.

 

[CHIMP MAGNET]

C'mon Jimmy, we need a yahtzee!

 

[RegHickeyStand]

We thought the original decision was a smack down, imagine the smack down aimed at Middleton if this was overturned . Is Middleton one of the sitting judges on the appeal?

As an observer of legal matters with no technical knowledge, I would take a bet with the most qualified lawyer in the land that Middleton's decision won't be overturned.

 

[Valleyboy9]

As an observer of legal matters with no technical knowledge, I would take a bet with the most qualified lawyer in the land that Middleton's decision won't be overturned.

You are on a certainty, HOWEVER, you know what lawyers are like, they will take you to court for insider trading and get your winnings back through fees.

 

[Strapping Young Lad]

Someone's going to be having a bad Christmas.

 

[DonsRule]

Nice headline, Herald Sun.

But didn't the players make it known the court that they wanted no part in this and wanted the process to continue? The players weren't a party to Hird's legal action, so how can they stop "ASADA's pursuit" when they weren't even represented?

Hird can win the appeal and the judges could still allow the investigation to continue.

THey could also have a Hird win but say all information gained from the joint investigation is to be thrown out. They can precede with any information that was not gained as part of the joint investigation.

Hird could lose and it changes nothing.



The players agreed to face their charges. If the tribunal made their sanctions before the verdict was handed down than I'd struggle to see a court pver stepping that (far too complex for me there)

A lot depends on the judgement and the orders given.

As an observer of legal matters with no technical knowledge, I would take a bet with the most qualified lawyer in the land that Middleton's decision won't be overturned.

Odds are against Hird no doubt.

I'd still have him as losing the case based on what I've read. Only thought comes in if the judges identify different elements of law as being more important that what Middleton ruled on - Essentially Middleton was sound in the areas he ruled.

For example Middleton relied on the contract the players have with the AFL as part of his decision. The Full bench may favor part of the statutory make up of the ASADA act as more important than the contract the AFL has with players.

But any appeal is always extremely hard, I don't rate Hirds chances. But you would have to see what his lawyers views on the matter were.

Justice Kenny I believe is considered the best administration law judge in helped build a lot of the admin law framework, has written books on the matter, and J Kenny was the lead judge in the trial.


Lots can still happen.

 

[bing181]

"A decision in favour of Hird could stop ASADA's pursuit of 34 current and former Essendon players in its tracks."

Or not.

 

[D-N-R]

Hird can win the appeal and the judges could still allow the investigation to continue.

THey could also have a Hird win but say all information gained from the joint investigation is to be thrown out. They can precede with any information that was not gained as part of the joint investigation.

Hird could lose and it changes nothing.



The players agreed to face their charges. If the tribunal made their sanctions before the verdict was handed down than I'd struggle to see a court pver stepping that (far too complex for me there)

A lot depends on the judgement and the orders given.



Odds are against Hird no doubt.

I'd still have him as losing the case based on what I've read. Only thought comes in if the judges identify different elements of law as being more important that what Middleton ruled on - Essentially Middleton was sound in the areas he ruled.

For example Middleton relied on the contract the players have with the AFL as part of his decision. The Full bench may favor part of the statutory make up of the ASADA act as more important than the contract the AFL has with players.

But any appeal is always extremely hard, I don't rate Hirds chances. But you would have to see what his lawyers views on the matter were.

Justice Kenny I believe is considered the best administration law judge in helped build a lot of the admin law framework, has written books on the matter, and J Kenny was the lead judge in the trial.


Lots can still happen.

As far as I gathered, Middleton basically said that because they had agreed at the time to ASADA being part of the interview process, then there was nothing they could do now. Essendon et. al. had received counsel from lawyers regarding this matter and had then assented to the process.

Like having the cops come to your house to search it without a warrant and you letting them do it after asking your lawyer. Then after they find heaps of incriminating evidence, you say that the process was flawed because the police never had a warrant.

So, even though ASADA may lack the authority on paper, this was circumvented by agreeing to the process.

Anyway, see how it goes.

 

[yaco55]

The only way that ASADA's current case could be stymied, is if the Appeal Court rules in Hirds favour, and finds the ASADA player/officials interviews to be invalid. Hird could win the appeal, but not get relief sought.

 

[coryne]

"If a meteor hits the Earth then the human race may be doomed"


Just as accurate as the HS headline and just as likely to occur.

 

[Spongebob]

"If a meteor hits the Earth then the human race may be doomed"


Just as accurate as the HS headline and just as likely to occur.

If a meteor hit the earth then ASADA's case would be on the verge of collapse. large Fries

 

[boncer34]

Nice headline, Herald Sun.

But didn't the players make it known the court that they wanted no part in this and wanted the process to continue? The players weren't a party to Hird's legal action, so how can they stop "ASADA's pursuit" when they weren't even represented?

Good god Thrawny.

Really?

 

[Ophiomorpha]

Meteors do not hit the earth, meteorites do. Just saying.

 

[I Remember Bluey]

Someone's going to be having a bad Christmas.

Let's hope it's not you.

On second thoughts, I retract my first thoughts.

 

[the_interloper]

We thought the original decision was a smack down, imagine the smack down aimed at Middleton if this was overturned . Is Middleton one of the sitting judges on the appeal?

How would that make sense?

 

[chelseacarlton]

That's about as likely as Miranda Kerr ringing me up and asking me to join her and her friend Giselle for some jelly wrestling.

Just in case.
We are mates right?,like really good mates!.

 

[Baltimore Jack]

Just in case.
We are mates right?,like really good mates!.

I like to watch