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Legal shirtfront flattens Hird, Bombers

Who said the shirtfront was dead?

Justice Middelton’s Federal Court dismissal of Essendon’ case challenging the legality of ASADA’s joint investigation with the AFL into the Bombers’ controversial supplement program delivered a brutal blow to the embattled AFL club and its coach James Hird.

• Inside the courtroom: Essendon loses fight against ASADA 
• Paddy Ryder tells Dons he wants out
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After a campaign of unrelenting outrage waged by Essendon about the conduct of the investigation and a lengthy and costly court case that has exhausted the football public, the Bombers have been left with their reputation in tatters.

Interested onlooker: Stephen Dank took in the show. Photo: Getty

Interested onlooker: Stephen Dank attended court to take in the show. Photo: AAP

More frightening for Bombers fans, the prospect of the 34 show cause notices issued to its players has created a doomsday scenario that could leave the dressing room decimated ahead of the 2015 season.

Justice Middleton could not have been more emphatic in his ruling.

“In my view ASADA complied with the rule of law in establishing and conducting, in the manner and for the purposes it did the investigation.”

Essendon’s claim that the interim report provided by ASADA to the AFL in August 2013 was illegal was also dismissed.

“ASADA lawfully provided the interim report to the AFL, which has subsequently been acted upon by the AFL in bringing disciplinary charges against Essendon and James Hird,” Justice Middleton said.

Essendon were also saddled with court costs, further blowing out the huge expenses lavished in defence of the club and its coach.

In short, the Bombers were shot down in flames.

Essendon had tried to impugn the evidence presented by former ASADA head Aurora Andruska, suggesting she was a pawn in a big power struggle involving the AFL and the then Federal Government.

Justice Middleton dismissed these assertions, saying that although Andruska had been under extraordinary pressure, it did not impact on her judgement or her conduct and that her evidence had been truthful and carefully considered.

At that point it was clear the Bombers had run out of other people to blame.

Justice Middleton’s ruling turned on the fact the joint investigation was conducted in concert and with the full knowledge of all parties.

It will require some courage but as the famous slogan once read, whatever it takes. Now’s the time to do so.

This meant Essendon players and coaches giving evidence under their contractual obligations with the AFL were knowingly providing it to ASADA investigators also present at these interviews.

It’s a devastating day for James Hird.

Having initially given lip service to taking responsibility for the supplement program on the day the scandal was revealed he has fought doggedly to resist the implications of it.

Increasingly, it looks as if responsibility will finally knock on his door like a debt collector.

Out in the cold: Will Hird's future at Essendon come under more scrutiny?

Out in the cold: will Hird’s future at Essendon come under more scrutiny? Photo: Getty

For Paul Little and the board of the Essendon Football Club who embarked on a journey through the courts to find a way to scupper ASADA’s findings, they’re now left with some difficult choices.

Do they plough on with a costly appeal that will extend the agony for players and fans even further?

With the prospect of players having to answer show-cause notices and facing the prospect of bans, how can the coach who oversaw this shambles be allowed to take charge of it once again?

And what of the players? Paddy Ryder is the first of the Bombers stars to look for a way out of this mess and seek a footballing future elsewhere.

Given today’s events he is unlikely to be the last.

The cult of King James has taken such a grip at Windy Hill that many fans have been prepared to burn the village to save the regent.

Their sense of injustice hinged on the prospect of the Federal Court confirming a vindictive conspiracy against the club involving ASADA, the AFL and the then Federal Government.

That took a devastating direct hit today.

The clear thinkers among the Bombers faithful must now start asking the hard questions many of us have been doing for the past 18 months.

How did you get in to such a mess?

When they finally address this they’ll be well on the way to saving their club.

It will require some courage but as the famous slogan once read, whatever it takes.

Now’s the time to do so.

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