Essendon Amid Doping Scandal: Possible Way Out
Facing a possible disqualification to participate in the finals arising out of charges made by the AFL last Tuesday, the Bombers may seek for an injunctive relief from the Supreme Court to enjoin the AFL from conducting the scheduled hearing on Aug. 26, 2013, according to Justin Quill, a notable sports lawyer.
"They can go along to the Supreme Court and say, look we've got an arguable case here, here's what we're going to argue that would say we shouldn't get a penalty," Quill told Sports Entertainment Network (SEN).
The Essendon Football Club, James Hird, Mark Thompson, Danny Corcoran and Bruce Reid were charged with engaging in conduct that is unbecoming or likely to prejudice the interests or reputation of the Australian Football League or to bring the game of football into disrepute, contrary to AFL rule 1.6, in relation to their supplements program in 2011 and 2012.
Quill also suggested arguments that may be made by Essendon before the Court.
"If you, the Supreme Court, let the AFL Commission have their hearing on the 26th and suspend us, we can never get the 2013 finals series back."
"We might ultimately be proved correct if we win this case in the Supreme Court, but we'll never get it back."
"So what you should do is give us an injunction so we can play our finals series and we can all argue this after that and if we're wrong, we can cop a penalty later," he disclosed to SEN.
The Bombers may also raise the defense that the report, coming from the Australian Sports Anti-Doping Authority on which the AFL based its charges, is still in the interim and that charges emanating from it should be made upon its finality, according to Quill.
Furthermore, he opined that it is highly improbable that the case will be resolved on the said hearing date because the Commission will still have to review all the evidence, unless Essendon and AFL meet and come up with a deal relative to the charges prior to the hearing.