Justice Middleton’s demeanour was far too measured to be called scathing.
Nonetheless, his judgment handed down this afternoon gave the Essendon Football Club a cultured hammering.
Lawyers for Essendon and for coach James Hird had built a detailed argument that an Australian Sports Anti-Doping Authority investigation into the club and its players should be declared illegal and henceforth abandoned. Middleton ploughed through those defences like a Red Army tank in Berlin.
“The investigation of Asada, the subject of these proceedings, I have found was for the purpose of investigating anti-doping violations. In addition, as I will indicate, the nature and conduct of the investigation was lawful,” ran Justice Middleton’s summation. He also found that there was no bar to co-operation with administrative bodies like the AFL, and “that Asada may disclose protected information for the purposes of its investigation, which may involve the AFL in return co-operating with Asada.”
In full, the judgment was a comprehensive dismantling of Essendon’s case, including a refutation of their complaints about former Asada boss Aurora Andruska. Each aspect of Essendon’s claims was dismissed, and the club was made liable for Asada’s costs.
It was no great surprise. Right from the start, Essendon’s case was weak and frivolous. Through the initial investigation, their staff and players had fronted up without complaint to interviews involving both Asada and AFL personnel. Over a year later, as soon as Asada issued show-cause notices to Essendon players, chairman Paul Little and his board abruptly decided that the investigation had been illegal.
There was no contention that any of the evidence was untrue, merely a claim that AFL and Asada investigators should not have been in the same room while it was gathered. Even before the court judgment the question remained: if that evidence was enough to have players issued with show-cause notices, surely the focus should be on responding to the notices rather than evading them?
The obvious inference was that Essendon cooperated only as long as they believed their players wouldn’t be charged. Once that changed, it was over to newly anointed legal experts on fan forums to start invoking natural justice and tainted process.
Justice Middleton on Friday put paid to that. After defending Asada’s right to co-operate with the AFL, his judgment declared that even if the interviews had been illegitimate, the AFL could obtain exactly the same information again in future, and Asada could require the AFL to hand it on. Claims of illegality were legal and logical sleight of hand.
It’s unclear what will happen from here. Most importantly, nothing has yet been proved against any Essendon player. There’s every chance the players won’t be found to have taken anything illegal, which would only make this part of the dance even more pointless. Or they might get a sweetheart deal from Asada, like a few recent Cronulla Sharks, meaning the full squad lines up for next season.
It’s far from foregone that players will be found guilty and serve substantial suspensions.
The club needs to do what it should have done weeks ago: stop dodging and answer the notices they’ve been issued. But looking at Essendon’s track record, Little will probably appeal to the International Criminal Court, Hird will have his contracted extended to 2034 while being crowned Prince of Moonee Ponds, and the playing group will chant in wide-eyed unison, “No one can give more than one hundred percent. By definition that is the most anyone can give.”
The board may have wasted everyone’s time, the public’s patience, the club’s money and the court’s resources, but accountability is a scant resource in this administration.
