Dons will win case

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The Advertiser

The Advertiser, Edition Advertiser

FRI 20 JUN 2014, Page 64

 

 

Dons -will win case'

 

 

 

By: JESPER FJELDSTAD   

 

 

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A LEGAL expert is confident Essendon will win its Federal Court hearing against the AFL and have the Australian Sports Anti-Doping Agency's investigation and show-cause letters thrown out.

It would likely lead to a parliamentary hearing or a Royal commission and close scrutiny of how the agency was first set up under the ASADA Act.

Deakin Law lecturer Martin Hardie, a solicitor and barrister who has acted in matters concerning administrative and constitutional law, said it was close to certain Essendon would win its case.

'I think they have good prospects,'' Hardie said. 'It's pretty clear that ASADA was set up for a purpose and that purpose was not for setting up joint investigations.

'That, and also if they have acted but it also appears that they've acted at the behest of the Government, and/or the AFL, which in itself is grounds for invalidity of the investigation. They can share information for anti-doping purposes but not have the AFL sitting there in the room. You essentially throw away your discretion.

'You have to consider what the information is before you share it. 'It's more than a bungle.'' It paints a clearer picture of how Port's Angus Monfries, who is believed to be among 34 players presented with show-cause notices, continues to be in high spirits and not burdened by the case.

It also explains how the 20 players who remain at Essendon are holding their heads high.

The heart of the matter is that ASADA, when first created after Adelaide's Del Monte scandal surrounding cycling, has in its charter that it needs to be independent.

If proven, the fact that the AFL and ASADA conducted a joint investigation and also were in close contact with the Federal Government meant that the long investigation would be dismissed and no penalties could be handed out.

'I think what will happen, seriously, is that there will be a parliamentary inquiry or a Royal commission and we need to rewrite the ASADA process,'' Hardie said. 'Or the anti-doping process has been set back for 10 years.

'There has been too much political pressure.'What's starting to emerge is that it wasn't independent.''

 

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