No Oppo Supporters CAS hands down guilty verdict - Players appealing - Dank shot - no opposition - (cont in pt.2)

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60sbomber

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Re: why we didn't fight last year. It sounds funny, but I'm pretty sure they didn't want to drag out the process. We're adamant that nothing had been done wrong and that the investigation would be competent

No, at the end of the day, it would have been useless to fight the AFL last year because the AFL is a rule unto itself, and can convict you of bringing the game into disrepute, and then penalise you in whatever way it likes, for any perceived offence. As I said at the time, it could charge a club for bringing the game into disrepute and strip it of draft picks and premiership points as a penalty for any trifling offence, if it chose to do so.

There is no defence against nebulous undefined offences such as this.
There is no legislation or rule of common law that prevents that AFL from doing whatever it likes within its own competition.
There is no recourse to a court available to prevent the AFL doing whatever it likes within its own rules.
The only recourse to a court available was under the banner of "denial of natural justice" which would have been almost impossible to use to force the AFL to a fair outcome.

All the AFL requires to do it is to avoid a public outcry that it is unfair. And it made sure of this by its PR campaign of leaks and vilification.

ASADA - different story.
 

Smokin

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Not to mention that a good proportion of what they presented as "evidence" in their report was selective quotation from emails and texts that was out of context and so misrepresented its true meaning and significance.

For example, the Dank/Robinson exchange in Aug 2011 about Thymosin being "the cornerstone of our program for next year" (not necessarily a verbatim quote) -

- that quote was part of a discussion between Dank and Robinson about what was and wasn't at that time included on WADA's list of banned substances for 2012. At that time, TB4 was not included on the list. And so it was quite a reasonable thing that Dank would be talking about using it (or possibly Thymomodulin) the following year. The fact that it was later added (at a time that is not clear) could well have caused Dank to have a rethink, if he was trying to stay within the rules, as the texts seem to imply he was (why would he be discussing what was on the banned list, if he planned to disregard what was banned and surreptitiously use them anyway?).

- also, neither Dank nor Robinson was employed by Essendon at that time. They were at GC. They may have been discussing a program for GC that never eventuated.

On Twitter not long ago:

Philip Maguire ‏@bundarrah 3h
  1. @bundarrah 23 August 2011, Dank forwarded a text message to Dean Robinson saying:⁰"Don’t forget how important Thymosin is....


  2. Philip Maguire ‏@bundarrah 3h
    @bundarrah This is going to be our vital cornerstone next year. It is the ultimate assembly regulatory protein and biological modifier."


  3. Philip Maguire ‏@bundarrah 3h
    Now it's worthwhile reading this link. Thymosin alpha1: the regulator of regulators? http://www.ncbi.nlm.nih.gov/pubmed/20536444 bundarrah


  4. Philip Maguire ‏@bundarrah 3h
    @bundarrah The science comes down on the side of TA1 if we believe what Dank wrote to Robinson, just days before Robinson started with Ess.
 

Stopher

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I'm sure if he had a press conference, the media wouldn't jump at this opportunity to write another 'Hird making it about himself' article.


That sums up the attitude of today's football media perfectly- demanding to report something that isn't there for the sake of writing something (hell, anything!), ie making it more about themselves and their opinions than the event itself.

******* pathetic leeches.
 

Dan Cooper

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James Hird. Darned if you do. Darned if you don't.

I'm sure Hirdy is smart enough to realize the maggots will bag him either way, and is way past giving a flying f**** about what they say and write.
 


I'm sure if he had a press conference, the media wouldn't jump at this opportunity to write another 'Hird making it about himself' article.


Here's a thought Matt, how about you and your scumbag mates stay the * away from Hird's house?

That way he wont have to answer questions in his driveway...novel idea and all I know....
 

Stopher

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Just thought about this. Did hird return leading up to the bye on purpose?

If he did it would show how much he cares about not distracting the players. Returning the week we have no match is perfect for the club. By next Friday night not too many will care and hird being back will be old news.

Impossible. Clearly coming back in a week when most of the players are away and there is no game on this weekend, not to mention arrogantly refusing to hold a press conference to announce that he was err....back from holidays, means it is, and always was, about James Albert Hird. Caro told me so.
 

matty lloyd the champ

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Here's a thought Matt, how about you and your scumbag mates stay the **** away from Hird's house?

That way he wont have to answer questions in his driveway...novel idea and all I know....
Legitimate question; at what point does this media harassment outside his house fall into the category of stalking?

I'm not lawyer and am obviously unfamiliar with how these things work but I sure as hell wouldn't want to come in and out of my house and walking through a bunch of journalists congregating outside my property.
 

matty lloyd the champ

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"On a more serious note, no footballer in my many years of following the game, has fallen down as low as Saint James. In his playing days, he was one of the opposition players I would liked to play for us. However, after those many lying performances of his on TV, his body language told it all, he went right down to the bottom, in my estimation. Now he walks back in, as though he has been on vacation, and gives the impression he will talk to bomber about who will coach in round 23"

Read this from a dipstick Hawthorn fan. How in the world has Hird given the impression that he wants to be the senior coach in round 23? I can only guess that people see what they want to see.
 

cymarak

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Legitimate question; at what point does this media harassment outside his house fall into the category of stalking?

I'm not lawyer and am obviously unfamiliar with how these things work but I sure as hell wouldn't want to come in and out of my house and walking through a bunch of journalists congregating outside my property.
It's a fair question indeed.

I suspect part of the reason the media mob can get away with it is they know that Hird won't lodge any official complaints (because if he did lodge an official complaint they'd just go even harder to make his life hell).

If a group of 'normal' people regularly congregated outside, say, Caro's house and demanded to talk to her whenever she went in and out, I reckon they'd find themselves moved on fairly quickly.
 

JayDon

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Its looking more and more likely that the footy club was just billed for stuff it never received.
obviously we cottoned on to it in some aspects and got a refund. This should be the catalyst for having everything thrown out... EVERYTHING
Yessssss!!!!!! Wouldn't that make for interesting discussion. The negative comments should be starting to get worried about anything they might choose to add if this was the case! Would surely become a deathly quiet???
 
Federal Court of Australia
District Registry: Victoria

Division: General



JAMES ALBERT HIRD

Applicant



THE CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY

Respondent





ORDER



REGISTRAR:



Registrar Caporale

DATE OF ORDER:



23 July 2014

WHERE MADE:



Melbourne





THE COURT ORDERS BY CONSENT THAT:



  1. The hearing upon the return of the Subpoena to Produce Documents issued by the Applicant in VID328 of 2014 dated 4 July 2014 and directed to the Australian Football League (AFL) is adjourned to 2.15pm on Friday 1 August 2014.
  2. The application by a party in either proceeding seeking any uplift of documents falling within category 3 of the Subpoena is adjourned to 2.15pm on Friday 1 August 2014.
  3. The application by a party in either proceeding seeking any uplift of the Privileged Documents falling within category 9 of the Subpoena is adjourned to 2.15pm on Friday 1 August 2014.
  4. The application by a party in either proceeding seeking any uplift of any document falling within category 7 of the Subpoena, including the original version of the Redacted Document, is adjourned to 2.15pm on Friday 1 August 2014.
  5. Costs reserved.
 
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Federal Court of Australia
District Registry: Victoria

Division: General



JAMES ALBERT HIRD

Applicant



THE CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY

Respondent





ORDER



REGISTRAR:



Registrar Caporale

DATE OF ORDER:



23 July 2014

WHERE MADE:



Melbourne





THE COURT ORDERS BY CONSENT THAT:



  1. The hearing upon the return of the Subpoena to Produce Documents issued by the Applicant in VID328 of 2014 dated 4 July 2014 and directed to the Australian Football League (AFL) is adjourned to 2.15pm on Friday 1 August 2014.
  2. The application by a party in either proceeding seeking any uplift of documents falling within category 3 of the Subpoena is adjourned to 2.15pm on Friday 1 August 2014.
  3. The application by a party in either proceeding seeking any uplift of the Privileged Documents falling within category 9 of the Subpoena is adjourned to 2.15pm on Friday 1 August 2014.
  4. The application by a party in either proceeding seeking any uplift of any document falling within category 7 of the Subpoena, including the original version of the Redacted Document, is adjourned to 2.15pm on Friday 1 August 2014.
  5. Costs reserved.

Translation from someone who speaks legalese?
 
Wouldn't it have been better if the Matt "********" Thompson and the punching-a-hole-in-the-wall Clarko incidents were actually conflated?
 

Eagle Bomber

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What I can't understand is why ASADA would even mount a defence like that, knowing that Essendon brought it up so many times. Are they stupid? Maybe they have no other defence, but really they are only leaving themselves open to being pummelled if they put up stuff like that.
Of course they're stupid. They're government, aren't they?

You must be familiar with the new verb "to government". I.e, it's all been governmented up!
 

niceslacks

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Anyone listening to SEN this morning?

Derm talking about anti-inflams, the fact he's completely stuffed up the lining of his stomach, can't have certain foods, still takes drugs (hexium?) every day for stomach ulcers etc due to the amount he was given by doctors to allow him to play? Funny, I thought it was only the substances essendon allegedly used that could cause lasting harm to players.
 
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Anyone listening to SEN this morning?

Derm talking about anti-inflams, the fact he's completely stuffed up the lining of his stomach, can't have certain foods, still takes drugs (hexium?) every day for stomach ulcers etc due to the amount he was given by doctors to allow him to play? Funny, I thought it was only the substances essendon allegedly used that could cause lasting harm to players.
The drug is Nexium.

It neutralises the acid in your stomach and is a pretty common drug.
 

Bennett.

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The drug is Nexium.

It neutralises the acid in your stomach and is a pretty common drug.

I take it every day. Awesome drug.
 

Bennett.

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Can't link on my phone, but Baker's new article suggests he reads the htb regularly.
 
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