Seen not to be done

Last night after the game against Carlton the very much under siege Essendon coach, James Hird, gave one of the most remarkable press conferences you’d ever hope to see. For 6 months the media have been camped on his front lawn, almost literally, door-stopping him each morning as he heads off to work. He has never been less than courteous.

Last night, at the pitch of this scandal, he finds himself the centre of he sat answering the fevered questions of a critical press. His responses were measured and honest, he rose above the pack to perform with the dignity and class of a gentleman. When the presser might have ended he let it go on, let them ask their questions he said. It was absolutely mesmerising TV, whether an Essendon fan or not.

Take that with a grain of salt perhaps, since I’m very much a Hird acolyte – there are few people on this planet I respect more. All the same, I found my admiration for him increase as the presser went on, and it’s hard to believe than any impartial observer – and perhaps even the odd critic – would not have been similarly impressed.

This is a man who has been under the most incredible personal pressure, yet he continues to function, and to present when it would be so much easier to retreat. Most would have buckled before now. As a player James Hird was known for his skill and wizardry, but he was also a player of great personal courage. That’s very much on display through these long months. He’s an inspiration for those who love him, but we love him because he inspires us. (Man, don’t I sound like the fanboy?).

I was buzzing with it afterwards. It had been a big night. Lots of emotions had been brought to the surface. Roused as I was by Hird’s performance, I was saddened to believe that a man so clearly better could be brought low by a pack unworthy to mentioned in the same breath as him. Doesn’t that happen too much?

Once more Hird proclaimed his innocence, but intermingled with that was willingness to do whatever was best for the club. That likely means that he will be suspended from the game he loves, and which till recently loved him back. Innocent perhaps, but banished.

I can’t begin to explain how disenchanted I am with the whole sorry saga. Most Essendon fans will say the same. There’s been a lot of talk in recent times about ‘natural justice’ in the legal sense. We all want that. Beyond that is the more fundamental kind of justice, the difference between what is right and what is wrong. Hell, we know that injustice occurs every day, that right does not always prevail. That’s disappointing, but we are conditioned to a degree to accept that. What’s difficult in this case is that injustice is a part of the predetermined process. It’s cynical and two-faced, and it looks like prevailing.

I thought then to list, for posterity’s sake, the litany of undemocratic, unjust, and occasionally corrupt processes that have exemplified this investigation.

  • In February Essendon FC is induced to ‘self-report’ a suspicion that illegal supplements might have been administered to the players. This is later proven to be false, but the damage is done, the genie is out of the bottle. There is reason to believe that the AFL acted illegally in revealing details of the ACC investigation.
  • ASADA and the AFL then conduct a joint investigation into Essendon, which is illegal under the terms which ASADA operates.
  • All parties to the investigation are subject to confidentiality agreements. These are honoured by Essendon, but regular leaks from the ongoing investigation over a period of 5 months make their way to the press. This is illegal, and offenders risk a 2 year jail sentence.
  • Selected members of the press, hand fed by senior AFL executives, are encouraged to pursue vendettas against EFC, and senior figures – such as Hird. Much of this is libellous, some of it scandalous, and most of it would normally result in post-season court action in a fair-minded society. That’s unlikely to occur now if deals are to be done. The rabid pack of dogs get off scot-free.
  • Throughout this persecution neither the club, nor individuals concerned, are able to defend themselves because of the constraints of the confidentiality agreement. The story gets sold as fact without it.
  • The key drug in question, AOD-9604, is found in February to have been not prohibited for use in the period investigated. The AFL know this, but choose to remain silent. The result of this craven silence is that the club continues to be portrayed as guilty when it is not, and the captain of the club, reigning Brownlow Medallist, and much acclaimed good guy, Jobe Watson, is booed whenever he touches the ball – which, given his quality, is plenty.
  • ASADA finally release an ‘interim’ report. In the first instance this has been clearly produced in time for the AFL to act before the finals. In other words ASADA is in cahoots with the AFL to punish individuals conveniently within the AFL’s time frame. An interim report also means that the confidentiality agreements remain in effect – ergo, Essendon are still unable to defend themselves publicly.
  • Despite the length of the investigation ASADA have been unable to prove that illegal or banned substances were taken, and no infraction notices are issued.
  • The central protagonist, the mad scientist with all the answers, Steve Dank, is never interviewed by ASADA. The report is published without his crucial testimony.
  • Despite no infractions being recorded Essendon is still deemed to be guilty.
  • The report is incomplete inasmuch as it contains allegations, but not the defence of the allegations. Defendants were not given the opportunity to rebut the allegations made against them.
  • The report is leaked, once more, to the AFL’s favourite journalists. Once more the club is painted as being rotten without an opportunity to defend itself. These leaks contravene the terms of ASADA, and leaking of personal details without permission constitute an illegal act.
  • Unlike a court of law the club and the individuals are presumed to be guilty until proven innocent – an opportunity which is denied to them. Much of the reporting on this would constitute a contempt of court if it was to be heard by a legal body. The AFL uses the media as an organ to influence public opinion and intimidate the club.
  • Despite the interim nature of the ASADA report the AFL choose to charge EFC on the basis of that, in large part on governance issues, outside of the terms of reference in which ASADA acts.
  • AFL release a highly inflammatory ‘charge sheet’, which is then taken to be factual by the court of public opinion after being splashed across front pages. Once more the EFC have no right of rebuttal.
  • A highly emotionally woman claiming to be a players mother rings talk back critical of the club, a disastrous moment for the club. The woman cannot be identified, and the word around the traps is that she was an actress making a paid performance to increase pressure upon the club.
  • The AFL refuse a request from the club to have the hearing heard by an independent tribunal. The AFL, joint investigators, will also act as judge and jury – analogous to a person being charged by the police and appearing in court to be judged by the arresting officers.
  • Deals are negotiated prior to any hearing. I.e you are guilty, this is your penalty, now we’ll go to the hearing.
  • EFC are isolated within the competition, by the media, and by public opinion.

That’s where it stands now (and doubtless I’ve left out things). The bottom line is that Essendon have been effectively pronounced guilty by all and sundry without the forum or the opportunity to defend themselves. It’s like a Soviet show trial, but without the trial, and Pravda reporting on it.

There are fair-minded, sane commentators out there, but most have been marginalised. Mainstream press have jumped on the bandwagon not wanting to be left out. The AFL is such a huge industry that it corrupts in a similar way to government does. Directly or indirectly the AFL employs many thousands of people, and they buy a lot of compliance as a result. They control the message; they hold the purse strings; and the clubs are made to toe the line.

I suspect a deal will be done in the next 24 hours. My feelings on this are pretty clear. I have a heavy heart, and cant envisage any deal being done acceptable in these circumstances. We’ve been cut from the herd though, and its hard to survive alone.

Is that democratic? No. Is is just? Not on your life. Too few see it: amazingly few. I made a joke on twitter the other week about Wikileaks exposing the corruption, but maybe that’s what’s needed. Regardless of guilt or innocence, this is a crime against due process, fairness, and ultimately, justice. It makes me sick.

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