Hird's writ seeks an injunction to prevent AFL CEO Andrew Demetriou or any AFL Commissioner given access to the ASADA interim report from hearing the AFL charges against him.
The writ includes allegations that:
• Demetriou told then Essendon chairman David Evans on February 4, 2013, that "Essendon players had been taking performance-enhancing drugs".
• Evans told Hird and other Essendon officials of Demetriou's "tip off".
• On February 5, 2013, Hird, Evans, then Essendon CEO Ian Robson and Essendon media advisor Justin Rodski attended a meeting at AFL House, Docklands.
• "During the 5 February 2013 meeting the Deputy CEO of the Defendant (AFL), Gillon McLachlan (McLachlan) said to Hird words to the effect:
- a) you can't say Essendon did not use drugs because my information suggests you have used them;
- b) (AFL integrity services manager) Brett Clothier knows the names of the drugs and he will be here soon;
- c) the club should come forward to the AFL and ask for an investigation;
- d) Essendon should go public about the uncertainty surrounding its supplement program in 2012;
- e) the Australian Crime Commission is going to hand down a report;
- f) there is going to be a meeting of all the [sporting] codes;
g) if you come forward earlier and invite ASADA to investigate, then the investigation will look better for you."
• As part of the AFL-ASADA investigation, Hird gave ASADA "certain private and confidential information, including information concerning his health and medical conditions".
• The ASADA interim report released on Friday, August 2, contained "numerous references to the Hird private and confidential information".
• "Shortly after receiving the ASADA interim report, the Defendant (AFL) provided copies of it (or information contained in it) to … unknown members of the press including Fairfax Media."
• "AFL acting in bad faith. Between February 2013 and 21 August 2013 the Defendant has provided the press (directly or indirectly) with information acquired by it in the course of the alleged joint investigation."
• "The information provided by the Defendant to the press as alleged:
- a) has included information unfavourable to Hird;
- b) has included information unfavourable to Hird which he has been given no opportunity to answer during the alleged joint investigation; and
- c) has not included material favourable to Hird, or material which explains the unfavourable information."
Hird's writ contends if the AFL is not restrained from hearing the charges against him he fears, among other things, "he will not be able to able to meet his (coaching) obligations" to Essendon in its coming games, including the Bombers' first finals game.
Twitter: @AFL_Nick
