Early today(3/5/06) the FreoMOB launched a fighting fund in case legal action was required. MOB president Russell Collett was interviewed by EAST Coast Media outlets after this was sent out.
The AFL were aware of this iniative prior to the Commission meeting today.
The MOB had enlisted the legal nous of two of the best QCs in Perth.
"PRESS RELEASE
Freo Mob Inc announces today that it has initiated a legal fighting fund to challenge any adverse decision of the AFL in respect of Fremantle’s win against St Kilda in Launceston on Sunday.
The Mob have been inundated with offers of support and the Mob has kicked off the fund itself with a cash contribution of $5,000. Several legal opinions have been obtained and it is noted that a QC has offered the opinion publicly that the case against the commission will be strong in the event that the commission declines to award Fremantle 4 points for its win. President Russell Collett said as follows:
“The action that the Freo Mob has initiated will allow the Fremantle Football Club to concentrate fully on Season 2006 in the knowledge that the Fremantle Football club’s membership base continue to take the fight on legally and by whatever means necessary, for as long as it takes, to see justice prevail.”
In the event that Andrew Demitriou and the AFL Commission decide that, despite its own breach of the rules it will allow only the Fremantle Football club to pay a price for that breach then Andrew Demitriou will wear that decision like a crown of thorns for the rest of his tenure.
This matter is not just about the AFL being seen to do the 'right thing' in terms of natural justice, fairness and equity. The AFL has breached its own rules having its officer, the time keeper in question, not comply with the expressed rules relating to his conduct upon expiry of time in the fourth quarter. It is this breach of the rules that caused Sunday’s debacle. The rule relating to the umpire signalling the end of the game is not necessarily relevant to this issue. It was the AFL’s negligence in failing to have sufficiently operational equipment and personnel in place at the venue together with the AFL’s officer, the timekeeper breeching the rule relating to his operation of the siren, that ultimately gives to the Fremantle Dockers its legal remedy.
A failure to award Fremantle four points for its win will compromise the entire Season 2006 . How will the Collingwood supporters react in the event that they are deprived of a home final by having St Kilda finish above them by 2 points? How would Essendon supporters react if they were deprived of a place in the eight by finishing two points below St Kilda although they had a superior percentage? If the Fremantle Football Club does not receive the 4 points it is owed for its win this matter will not rest.
There is a wealth of legal opinion that the AFL’s breach of its rules delivers to the Fremantle Dockers a remedy that it will be enforcable through the courts. License under which the AFL clubs operate are underpinned by the AFL’s own observance and enforcement of its rules. If the AFL breaches its rules then it can not be said that a club is bound by any previous election to wave its legal remedies.
The AFL is the custodian of our great code throughout the country. All of our children are watching the AFL today to see whether the AFL will take responsibility for its breach of the rules, the way it expects those same children to follow the rules of the game.
_________________
Russell Collett
President of Freo Mob"
The AFL were aware of this iniative prior to the Commission meeting today.
The MOB had enlisted the legal nous of two of the best QCs in Perth.
"PRESS RELEASE
Freo Mob Inc announces today that it has initiated a legal fighting fund to challenge any adverse decision of the AFL in respect of Fremantle’s win against St Kilda in Launceston on Sunday.
The Mob have been inundated with offers of support and the Mob has kicked off the fund itself with a cash contribution of $5,000. Several legal opinions have been obtained and it is noted that a QC has offered the opinion publicly that the case against the commission will be strong in the event that the commission declines to award Fremantle 4 points for its win. President Russell Collett said as follows:
“The action that the Freo Mob has initiated will allow the Fremantle Football Club to concentrate fully on Season 2006 in the knowledge that the Fremantle Football club’s membership base continue to take the fight on legally and by whatever means necessary, for as long as it takes, to see justice prevail.”
In the event that Andrew Demitriou and the AFL Commission decide that, despite its own breach of the rules it will allow only the Fremantle Football club to pay a price for that breach then Andrew Demitriou will wear that decision like a crown of thorns for the rest of his tenure.
This matter is not just about the AFL being seen to do the 'right thing' in terms of natural justice, fairness and equity. The AFL has breached its own rules having its officer, the time keeper in question, not comply with the expressed rules relating to his conduct upon expiry of time in the fourth quarter. It is this breach of the rules that caused Sunday’s debacle. The rule relating to the umpire signalling the end of the game is not necessarily relevant to this issue. It was the AFL’s negligence in failing to have sufficiently operational equipment and personnel in place at the venue together with the AFL’s officer, the timekeeper breeching the rule relating to his operation of the siren, that ultimately gives to the Fremantle Dockers its legal remedy.
A failure to award Fremantle four points for its win will compromise the entire Season 2006 . How will the Collingwood supporters react in the event that they are deprived of a home final by having St Kilda finish above them by 2 points? How would Essendon supporters react if they were deprived of a place in the eight by finishing two points below St Kilda although they had a superior percentage? If the Fremantle Football Club does not receive the 4 points it is owed for its win this matter will not rest.
There is a wealth of legal opinion that the AFL’s breach of its rules delivers to the Fremantle Dockers a remedy that it will be enforcable through the courts. License under which the AFL clubs operate are underpinned by the AFL’s own observance and enforcement of its rules. If the AFL breaches its rules then it can not be said that a club is bound by any previous election to wave its legal remedies.
The AFL is the custodian of our great code throughout the country. All of our children are watching the AFL today to see whether the AFL will take responsibility for its breach of the rules, the way it expects those same children to follow the rules of the game.
_________________
Russell Collett
President of Freo Mob"
