Mega Thread - JUDGMENT -Essendon/Hird v ASADA Trial: Investigation legal (club/ASADA/AFL/AFLPA/WADA statements) | BigFooty

Mega Thread JUDGMENT -Essendon/Hird v ASADA Trial: Investigation legal (club/ASADA/AFL/AFLPA/WADA statements)

Discussion in 'ASADA, WADA, and Drugs in Sport' started by The_Wookie, Sep 19, 2014.

  1. The_Wookie

    The_Wookie Queenslander

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    Chris Kaias @ChrisKaias · 1h
    • Much smaller courtroom today, filling up already
    • The Ess contingent have arrived in court
    • Standing room only now
    • Court officer confirms that judgment will be available online soon after
    • Nervous silence now. Expected in 2 mins
    • Dank just walked in the courtroom
    • Middleton has arrived. Here we go
    • Middleton will publish his written reasons and read an extract
    • Middleton: investigation may be referred to as a joint investigation but the label is of little relevance
    • Middleton: must consider nature purpose and conduct of proceedings themselves
    • Middleton: ASADA has important national and international functions to perform
    • Middleton: ASADA and AFL may need to act jointly, however statutory authorities must act within law
    • Middleton: no relief is sought against the AFL
    • Middleton: no contention that the AFL's powers were illegal or unenforceable or unconscionable
    • Middleton: the 34 players are not parties, they have a significant interest
    • Middleton: the only witness who was impugned was Andruska
    • Middleton: does not consider Essendons criticisms of Andruska can be sustained. Ms Andruska was a credible witness.
    • Middleton: Ms Andruska thought carefully about her answers. I would have expected her to be careful about this
    • Middleton: it was apparent she relied on her staff. As CEO she was entitled to delegate to her staff
    • Middleton: these proceedings do not involve a broad and general inquiry as to the general conduct of the investigation
    • Middleton: Andruska was under pressure from AFL and government. However no dereliction of her responsibilities
    • Middleton: ministerial direction outside the Act would normally be seen as forbidden
    • Middleton: I conclude that by 1 Feb ASADA and AFL to investigate Ess and use AFLs powers
    • Middleton: ASADA would have investigated even without invitation by the club
    • Middleton: ASADA would have investigated Ess even without the AFLs compulsory powers
    • Middleton: Ess and Hird and players cooperated because of contractual obligations to do so
    • Middleton: Hird and players were represented at all times and did not claim right against self incrimination
    • Middleton: information provided in interviews was simultaneously disclosed to both ASADA and the AFL
    • Middleton: the investigation required coordination between ASADA and the AFL on matters of procedure and machinery
    • Middleton: ASADA benefitted from cooperation of AFL with use of formal powers to acquire evidence and arrange interviews
    • Middleton: ASADA and the AFL had different but related purposes
    • Middleton: the investigation undertaken by ASADA resulted in both ASADA and AFL making separate decisions within their own area of resp
    • Middleton: report provided with the knowledge it would be provided to AFL knowing they would use for disciplinary proceedings
    • Middleton now generally describing judicial review. Purpose is to ensure the legality of government action rather than its correctness
    • Middleton: ASADA had power to request information however direct or implied power required to force someone to provide information
    • Middleton: the nature and conduct of the investigation was lawful
    • Middleton: once appreciated that AFL received information directly and not from ASADA then the protections did not apply
    • Middleton: there was no disclosure of information from ASADA to the AFL in the interviews
    • Middleton: the desire to use or harness AFLs powers can immediately be accepted as a consideration for using AFLs powers
    • Middleton:hird and players could have refused to answer and breached their contractual obligations. Whether they felt forced is not to point
    • Middleton: signing up to the AFLs agreement is subject to giving up certain rights
    • Middleton: no suggestion that Hird and players did not understand the rights they were giving up to play or coach AFL
    • Middleton: no power of the state has been utilised by ASADA to compel
    • Middleton: report was provided to the AFL for the purposes of the investigation and connected to the investigation
    • Middleton: the Investigation disclosed strong link between governance practices and anti doping issues at Essendon
    • Middleton: the poor governance was related to possible anti doping violations to the extent violations may have been systemic.
    • Middleton: I dismiss the applications
    • Middleton: if I had found otherwise, issues would have arose around discretion of relief
    • Middleton: in these proceedings I would not have declined to set aside the show cause notice. But futility may have denied relief
    • Middleton:the court would not have framed an order preventing investigation,even if it involved using derivatives of illegally obtained info
    • Middleton: final observation about interim report, interim report was provided in August and no proceedings were brought at that point
    • Middleton: ASADA complied with the rule of law. ASADA lawfully provided the interim report to the AFL. Applications dismissed.
    • Middleton: Essendon and Hird to pay costs
    Chris Kaias ‏@ChrisKaias
    Confused by the whole Essendon/ASADA process? I've written a guide to what might come next on the Social Litigator - http://t.co/cwPwM5oifr

    ‏@ChrisKaias
    Here is the full judgment - http://t.co/wakcCcKAVR

    Chris Kaias ‏@ChrisKaias now
    It is an enormous 500-paragraph judgment. Incredible considering the short turnaround.


    Club Statement

    Patrick Keane ‏@AFL_PKeane 15m

    ASADA statement on Federal Court Judgement

    Statement from AFL Players' Association



    WADA Statement on joint ASADA/AFL Investigation

     
    Last edited: Sep 21, 2014
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  2. The_Wookie

    The_Wookie Queenslander

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    GOAUS!, Ant_, BLUES crusade and 3 others like this.
  3. The_Wookie

    The_Wookie Queenslander

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    Chris Kaias ‏@ChrisKaias now
    Probably my biggest surprise was his finding on Andruska. If anything turns on that later, it is NOT something that can be doubted on appeal

    Chris Kaias ‏@ChrisKaias now
    The trial judge is given the benefit of the doubt when it comes to assessing credibility of witnesses
     
    sharp450 likes this.
  4. mottrain

    mottrain Suspended

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    Hirds essendon female barrister just left walking in a tense hurried manner.
     
    Obeanie1, Bazzar and BLUES crusade like this.
  5. mottrain

    mottrain Suspended

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    This really took everyone by surprise in the room and a lot sort of sensed he was gone then.
     
  6. The_Wookie

    The_Wookie Queenslander

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    Richard Ings @ringsau · 20m
    So show cause notices stand: Next? Players get chance to respond ADRVP determine any RoF AAT appeals AFL issues infractions AFL tribunal CAS
     
  7. Wooljay

    Wooljay Norm Smith Medallist

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    Can anyone tell me if Tanya was taking notes?

    Could be important.
     
    Lord Eddard, Suit, Grin and 27 others like this.
  8. tigers_of_old_08

    tigers_of_old_08 Norm Smith Medallist

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    Hird's bitten the hand that feeds him - many times now.

    His actions demonstrate that he has no shame, no respect for the game nor any sense of loyalty except to himself. His ego is destroying any credibility he's got left and dragging the EFC with him.

    Surely the Essendon board wont allow this to go on!

    And I don't know how Hird's Wiki page is managing to keep up with the updates. :cool:
     
  9. tigerwill

    tigerwill Premiership Player

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    Dropped her biro when Middleton said Hird & Essendon had to pay the respondents costs as well as their own.
     
  10. passmark

    passmark Brownlow Medallist

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    Rohan Connolly still drinking from the Kool Aid fountain.
     
  11. Chadwiko

    Chadwiko Captain Awesome

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    The first of two big wins for BF North Supporters today.
     

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  12. thecotch

    thecotch Premiership Player

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    Watch out for Tania going mental in another interview!!! Bring out the popcorn!!
     
  13. Blues_Man

    Blues_Man Brownlow Medallist

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    I hope ASADA reconsider any deal they were about to offer ...and now go for the Jugular, Essendon took their chance and failed dismally, now they should pay the consequences.
     
    Kristof, alchemy333, b0ydman and 12 others like this.
  14. HR Roughnstuf

    HR Roughnstuf Norm Smith Medallist

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  15. base615

    base615 Premiership Player

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    I want to hear Barkly St. End's discussion of it.
     
  16. thecotch

    thecotch Premiership Player

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    I think Little is just as culpable. This will send the club to the wall financially if they continue with pointless court action. The decision today was emphatic.
     
  17. Carlo

    Carlo Club Legend

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    So at least 35 days until SCN could be heard?
     
  18. thecotch

    thecotch Premiership Player

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    I think we may find all bets are off. Essendon's future now hangs by a thread.
     
  19. sharp450

    sharp450 All Australian

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    Not for long i reckon Jimmy Boy

    "And when the truth comes out, I think I'll be in a very, very good position, and so will this football club.

    "I'm the coach of the Essendon football club"

    [​IMG]
     
  20. Bluesince62

    Bluesince62 Club Legend

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    Middleton didn't miss anyone on the way through. King hits all the way through EFC and an appeal looks very unlikely unless EFC/Hird want to burn another million.

    Lawyers will be saying we think there are good grounds to appeal (kid's school fees need paying soon) and I am sure that is what Little will say but not act on. Player's managers will be contacting ASADA this afternoon requesting meetings to discuss penalties. Would not be surprised to see someone taking 6 months as early as next week.

    We are at the beginning of the end
     
    alchemy333, Egga, Tiger2709 and 9 others like this.
  21. BG32

    BG32 Premium Platinum

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    Goooooone! we will take Dyson Heppell and Tom Bellchambers thanks
     
  22. SM

    SM Bigfooty Legend

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    Shit just got real.
     
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  23. Wooljay

    Wooljay Norm Smith Medallist

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    Justice Middleton:

    [​IMG]
     
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  24. thecotch

    thecotch Premiership Player

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    Epic fail.
     
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  25. SM

    SM Bigfooty Legend

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    We'll take Ryder.
     
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