Mega Thread Hird Appeal dismissed by Full bench of the Federal Court 30/1- Hird will not appeal. Details in OP.

[ShanDog]

 

[Doctor Feel]

Except

except neopolitian ice cream

"Satan" laying down the law on what is evil and what isn't.

 

[Sir Hugh Percy]

lmost Doc Martin ‏@MartinHardieUni now11 seconds ago
Tell Richard that I'm not disappointed but that I have had my worst fears about 'democracy' and the rule of law confirmed

Come back, Martin!
No, let him go. It's better this way...

 

[Satan]

"Satan" laying down the law on what is evil and what isn't.

I got a better idea than MH but thats starting from a low base

 

[Albert Ross]

Richard Ings ‏@ringsau 5m5 minutes ago
ASADA office is only a few km's away but I am sure I can hear that office cheering. They dodged a legal and political bullet.

Great day for the person at ASADA who got called in to explain the award of costs against them in the Alavi case; hope they stalled their meeting long enough to hear the Hird verdict come through.

 

[Lance Uppercut]

He's gone mad.

gone?

 

[Thrawn]

Chip Legrand coming up on SEN

He sounds like he's going to cry hahaha!

 

[bugalugs213]

The stupidity of the essendon board is endless. No matter how many times he costs them money they'll keep supporting him it seems.

 

[Impunity!]

Jemes Hurd pls

 

[Allikat]

What a great way to start the weekend! Hearing that Hird yet again got absolutely pantsed in court. I hope he takes it to the High Court just to see him get laughed out again. His lawyers are terrible.

Generally speaking, a party to an appeal is bound by the way that party conducted the case at trial; and a point cannot be raised for the first time on appeal when it could possibly have been met (as here) by calling evidence at trial.

This point should never have to be written in a court appeal judgment. It's Law 101. Hirds lawyers are as delusional as he is.

 

[Theseventhhamster]

Embarrassing that Deakin still employs the turkey.

 

[Beutbrute]

The stupidity of the essendon board is endless. No matter how many times he costs them money they'll keep supporting him it seems.

He got caught up with the wrong crowd - he didn't mean to rob the petrol station!

 

[TerryWallet]

Chip Legrand coming up on SEN

Did Chip inform us the date of the Senate Inquiry into ASADA corruption that he has baselessly been pushing for months in his s**t rag of a paper?

 

[The_Wookie]

Chris Kaias ‏@ChrisKaias

• Full Court agrees that ASADA+AFL were engaged in separate enquiries and co-operated, that was the extent of the 'joint investigation' [131]
• Full Court finds that contrary to submission that ASADA and AFL could not work together, it was a 'mandated cooperative relationship' [140]
• While the WADA Code does envisage close cooperation, the court didn't place much emphasis on this, would have decided same either way [149]
• Court would not entertain arguments about the AFL contracts and self-incrimination because that argument was not run at trial [150]-[163]

 

[compact72]

If martin lives down in geelong ,keep off the highway today heading towards geelong

Don't worry, I was on the lookout, saw some flog with his head out of the window crying "no democracy in this world anymore".

 

[evo]

Baaawaaaaahhhh

The Sea-kayaker just gives and gives.

 

[The_Wookie]

Chris Kaias ‏@ChrisKaias 2m2 minutes ago

• AFL could have i'viewed players alone then given to ASADA. Therefore ASADA did not facilitate abrogation of self-incrimination rights [193]
• On self-incrimination point, again fatal that the compulsive powers were the AFL's and they were not in dispute. ASADA did not compel [189]
• 'The appellant’s proposition that it was irrelevant that ASADA itself did not use any coercive power must fail.' [195]

 

[The_Wookie]

Update from Chairman Paul Little
http://www.essendonfc.com.au/news/2015-01-30/update-from-chairman-paul-little

Paul Little January 30, 2015 4:35 PM



Dear members,

I wanted to provide a quick update on a number of matters relating to the ongoing ASADA investigation.

As you would be aware, James Hird was unsuccessful in his appeal today. James was exercising his legal right and was naturally very disappointed his appeal was not upheld.

We look forward to James continuing to focus on preparing our players for the upcoming season and building on the great work he has done over the last four months.

In relation to the AFL Anti Doping Tribunal, unfortunately the process is taking longer than we initially anticipated. As a club, we remain confident in the players' position and will continue to provide ongoing support to our players and their families.

While we all would like this matter to be resolved as quickly as possible, it is now expected a final decision will not be handed down until March.

In response to media speculation about our participation in the NAB Challenge series, it is important to clarify that any suggestion we will not be playing is premature.

As it stands, our players who have been issued with infraction notices can have their provisional suspensions lifted at the discretion of the AFL Commission. However, it is unclear if this would impact the ability of a player to use this time against a potential sanction in the event of a guilty finding.

We hope to have clarity on this complicated and unprecedented matter in the coming weeks and are working closely with all of the relevant parties to ensure we reach a satisfactory outcome for our players as quickly as possible.

Finally, on behalf of the Board and everyone at the Club, I’d like to thank the Essendon members and supporters for their continued support of our players through this difficult period.

The last two years have been testing times for us all but you have stood by your club through everything. To have already signed up more than 40,000 members is a fantastic achievement and we are on track to set a new record of 65,000 members in 2015.

I can assure you the coaches and players are working harder than ever to prepare for the upcoming home and away season. I encourage you all to come out and watch one of our February opening training sessions at the True Value Solar Centre.

Go Bombers!

Paul Little AO

 

[imperial_oz]

lmost Doc Martin ‏@MartinHardieUni now11 seconds ago
Tell Richard that I'm not disappointed but that I have had my worst fears about 'democracy' and the rule of law confirmed

I take it that sea kayakers don't like the rule of law? As for 'Democracy', well I wouldn't vote for you....not even for town dog catcher.

 

[TerryWallet]

Update from Chairman Paul Little
http://www.essendonfc.com.au/news/2015-01-30/update-from-chairman-paul-little

Grovelling with a Capital G.

Throw the bums out EFC members.

 

[The_Wookie]

Chris Kaias ‏@ChrisKaias 7m7 minutes ago

• No basis for submission there was an absence of free consent or that the appellant did not waive any rights against self-incrimination [198]
• Section 22 (the 'necessary and convenient' power) is to be read broadly and not subject to an implied prohibition against co-operation [210]
• Court agrees with Middleton that cooperation with AFL was 'convenient' and therefore investigation supported by s22 of ASADA Act [211]-[213]
• Fair to say there was complete and unanimous support of Middleton J's judgment by the Full Court.

 

[Funk]

why doesn't your mob just tell everyone what they stuck in their players arms?

What a grand idea!!
Clearly someone at essendon knew - if there is nothing to hide just come clean (bad pun intended!!).

 

[Mofra]

Come back, Martin!
No, let him go. It's better this way...

Interesting - I assumed he'd have no paddle

 

[The_Wookie]

Chris Kaias ‏@ChrisKaias 2m2 minutes ago
Also important to note that Kenny J is considered one of the greatest Admin Law minds in the country. Can't see a High Court appeal attempt.

 

[Satan]

Update from Chairman Paul Little
http://www.essendonfc.com.au/news/2015-01-30/update-from-chairman-paul-little

And he stills signs off AO