In a statement, Hird said: "I have been advised and believe that there are strong reasons why that decision is incorrect and that this is the proper and appropriate course to vindicate the legal rights of the EFC and its players.
"The challenge to the lawfulness of the joint investigation was and is an important step in showing that the Essendon Football Club, its players and staff were submitted to a compromised investigation and were treated unfairly.
"If we don't appeal, our players may be stained forever by the innuendo, misconceptions and falsities that resulted from an investigation that we believe was conducted unlawfully."
From
http://www.afl.com.au/news/2014-10-02/hird-on-knife-edge
Seriously. He intends to appeal a decision concerning the process adopted by ASADA, not to prevent that process of continuing but rather to show the world that the process wasn't right.
So we could have a situation where - assuming he's right (huge assumption) - the Full Court declares ASADA shouldn't have been allowed to proceed the way they did, but in the meantime ASADA has simply done exactly that.
All of which would be an almighty pyrrhic victory to *Hird at best. I don't know if his lawyers have read the memo, but the courts aren't especially interested these days in allowing parties to drag matters through the courts where only principles are at stake. They're a tad more pragmatic than that.
Which takes me to the issue of discretionary relief. Middleton threw out the case because he saw nothing wrong with ASADA's process. He went on to say that even if he had found something wrong with it, he would have thrown out the case anyway as a matter of discretion, as ASADA could simply start from scratch.
If *Hird is before the court trying to say that the process should be stopped, and meanwhile the players (to whom the SCN's are addressed, not *Hird) are ignoring *Hird's case and getting on with answering the SCN's, how in holy hell could the Full Court do anything other than agree with Middleton on the exercise of discretion?
My gut feel is *Hird will backflip on this. He's made his decision on a matter of principle and looking solely at the legal issues without considering the broader ramifications. In his myopic little world, he probably just presumed that the players would be behind him and would cheer him on as their saviour for appealing on their behalf. Assuming they actually crossed his mind at all.
Now he's discovered their not on board, he might look up and realise he's standing on a desert island on his own on this one, and its actually a pretty shit place to be. Here's hoping - as much schadenfreude as there is to be had, even more than that I just want this thing to end and right now it is *Hird that is preventing that. Selfish campaigner.