which would be all evidence collected by asada, not interviews where the players lawyers were present. Do ASADA lawfully need to provide players with all evidence? If so this should have been pursued by their legal team
Again, if their testimonies are ruled inadmissible whats to stop them re-interviewing players and doing the same thing again? The players lawyers were present so they can testify that the players testimonies have been somehow distorted, if that is what happened
Where I have an issue is that ASADA are both investigator and prosecutor. Now while this for all intents and purposes is effectively the same as our legal system, at least the police and legal prosecutors are two separate bodies bound by separate codes of practice.
Additionally, ASADA are meant to act as a model litigant.
Don't misunderstand me, I do not want Essendon or the players to hide behind legal loopholes if indeed they took banned substances. If they did they deserve punishment. However these checks and balances in our systems are not put in place to remove efficiency, they are put in place to ensure those in charge behave in an appropriate manner whereby those who are truly innocent are not put in a position whereby they say something which self incriminates simply because they were misunderstood, felt under pressure and do not know any better. Sure, they might have had a lawyer with them, but that doesn't protect them in the same manner as the right to say nothing.
I have serious issues with our investigative body selectively choosing evidence to hand to the defence. Sure, ASADA shouldn't have to present all the evidence in their role as a prosecutor at the tribunal, but they should not be playing games with regards to providing a complete picture of evidence gathered in the investigation to all relevant stakeholders. If they have a case, doing this should not stop them from successfully prosecuting their case at the tribunal.
I have no idea whether Essendon players were given banned substances and do not want the guilty to remain unpunished, but this investigation and the manner in which ASADA have conducted themselves is poor at best.
I want this all to be over, but completely understand why Hird has felt the need to stand up for what he believes in. Some people believe he is dodging the issue, has things to hide because he helped doped players. That is their right and after the 2 year long media campaign I can understand why they hold those beliefs. I do not and could understand why people may think that's because I'm a delusional Essendon supporter who can't let go of James the player. Those who know me well would know that's far from the truth.
I stand behind James taking things as far as he wants because above all if I believed I had been wronged in the way James believes he has, I would want to take it all the way for one simple reason:
- I like to live life without regret and I would always regret not knowing whether I could have brought what I deemed as justice by taking legal action as far as I could. If I was unsuccessful I could live with the fact that I tried my best.
I believe James already regrets not taking the AFL to the Supreme Court and will not make the same mistake twice.