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

[Cronos]

 

[pazza]

Essendon's view: http://www.essendonfc.com.au/news/2015-01-30/update-from-chairman-paul-little

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

Chairman

 

[Cronos]

It must be hard for him, so misunderstood, no-one has grasped how uniquely qualified he is to comment.
The Venn diagram clearly shows it - there's not another soul alive that brings all of this to the table:

You had me at mutton chops.

 

[Sunbot]

we can do with less gloating thanks.

Gloating is a natural response of most of the boards after the EFC and its fans have effectively said "stick your rules up your #%^*" ever since they were outed for... wait for it... systematic doping followed by systematic denial followed by systematic delusions of innocence. Gloat away fans!

 

[BlueWorld]

I seriously hope Hirdy appeals again.

ASADA can't have THAT much taxpayer cash to keep chucking in brown paper bags.

3rd time's the charm.

So do I. Can't wait for your reaction when you get smacked down the 3rd time.

 

[TedDougChris]

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

To be fair, he'd have a better idea than most....

 

[blackshadow]

if he was your lecturer you'd be trying to change uni's.

You'd be demanding his dismissal.

 

[blackshadow]

Has anyone here actually ever had Hardie as a lecturer? If so, what were his lectures like?

Most idiotic conspiracy theorists tend to spend their time in dank basements (boom-tish) but very few manage to get appointed to academic legal positions.

An acquaintance, who happens to be an Essendon supporters had him as a lecturer, he had nothing complimentary to say about the sea kayaker.

 

[gutsroy]

Just in case: No offence intended to any Essendon supporters, am only ridiculing Martin Hardie's utterances.

 

[BlueWorld]

We have.

It was either TA1 or thymomodulin. From New Mexico.



Or Mexico.

Yeah whatever thymosin was legal. Just making it up as we go along.

 

[Adelaide Hawk]

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

This is the part that simply staggers me. The damage this is doing to the Essendon FC brand, and to their image in decades to come just doesn't seem to matter to them, so long as they as seen to be supportive of Hird. Very silly indeed.

 

[Jobe Watson]

Just read Justin Kenny's verdict and as a tafe graduate with a diploma in Legal Studies, I don't see how they (the 3 judges) came to their conclusion.

Hope we challenge, think we stand a good chance.

 

[Taylor]

When the AFL commission give the players permission to play during their ASADA bans and the AFLPA tear up their contracts and allow them to move anywhere as unrestricted free agents it will all balance out.

 

[TedDougChris]

It might be unpopular, but I can understand a little bit of where Hardie is/might be coming from. It's probably completely inaccurate from a legal perspective, but from a common sense position it is a question in my mind.

If the basis for the courts ruling is that the AFL contract of employment forces/compels someone to give information up and therefore there is no grounds for appeal - is there a point at which the basic legal principles (against self incrimination, confidential information etc) override the AFL contract. Or could you be 'forced' (in order to get a job) to sign away your basic rights just to get work in your chosen field.

Now - this is just from a very distant view (possibly involving the Hubble Telescope) - it doesn't take into account the fact there were lawyers present at the interviews etc etc - and there is probably a s**t load more to it...

And possibly I've completely mis-understood Hardies objection - but it has raised an interesting thought bubble in my head....

 

[Belnakor]

Just read Justin Kenny's verdict and as a tafe graduate with a diploma in Legal Studies, I don't see how they (the 3 judges) came to their conclusion.

Hope we challenge, think we stand a good chance.

comedy gold.

 

[Console Monkey]

 

[BlueWorld]

A further appeal is always 'possible'.

I would be very surprised if any lawyer would rule out an appeal 5 mins after getting a decision and before having gotten instructions from their client. I will also be surprised if they do appeal though.

Only if the high court agrees and there would have to be good grounds. The fact Hird has had 2 resounding defeats doesn't make the chances seem good (but the lawyers may know better).

 

[ManOfClay]

Just read Justin Kenny's verdict and as a tafe graduate with a diploma in Legal Studies, I don't see how they (the 3 judges) came to their conclusion.

Hope we challenge, think we stand a good chance.

Martin Hardie likes this

 

[Adelaide Hawk]

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

I don't know about anyone else, but this continual complaint from Essendon about how long the process is taking is driving me nuts. You want to speed it up Little? Cooperate 100% with the investigation and allow ASADA to get on with it. You keep telling us you have nothing to hide, so what have you got to lose?

 

[Taylor]

It might be unpopular, but I can understand a little bit of where Hardie is/might be coming from. It's probably completely inaccurate from a legal perspective, but from a common sense position it is a question in my mind.

If the basis for the courts ruling is that the AFL contract of employment forces/compels someone to give information up and therefore there is no grounds for appeal - is there a point at which the basic legal principles (against self incrimination, confidential information etc) override the AFL contract. Or could you be 'forced' (in order to get a job) to sign away your basic rights just to get work in your chosen field.

Now - this is just from a very distant view (possibly involving the Hubble Telescope) - it doesn't take into account the fact there were lawyers present at the interviews etc etc - and there is probably a s**t load more to it...

And possibly I've completely mis-understood Hardies objection - but it has raised an interesting thought bubble in my head....

You can't contract out statuary law but I don't know if there is anything written that protects you against self incrimination.

 

[BlueWorld]

Just as a side note, when was the last time a Senior coach left the country to attend to other business matters 8 weeks before the season starts?

When was the last time a club knew ASADA was likely to suspend half their players for most of the season?

 

[Beutbrute]

Just read Justin Kenny's verdict and as a tafe graduate with a diploma in Legal Studies, I don't see how they (the 3 judges) came to their conclusion.

Hope we challenge, think we stand a good chance.

Is this a troll???
If not there might be a chance that 3 judges might have a little more knowledge of law than a TAFE diploma graduate

 

[The_Wookie]

 

[STFU Donnie]

Only if the high court agrees and there would have to be good grounds. The fact Hird has had 2 resounding defeats doesn't make the chances seem good (but the lawyers may know better).

That'd make a nice change.

 

[BlueWorld]

Chip Legrand coming up on SEN

More of his expert commentary, following up on his prediction that ASADA's case will be over in 5 minutes.