Essendon drugs saga returns to Victorian Supreme Court
Michael Warner, Herald Sun
March 20, 2018 9:10pm
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THE Essendon drugs saga will return to the Victorian Supreme Court at 10.30am on Wednesday — 1870 days after the game’s greatest crisis erupted.
Lawyers for the AFL will front Justice John Dixon in a bid to avert a full-scale trial involving the calling of key witnesses, including league chief Gillon McLachlan and former commission chairman Mike Fitzpatrick.
Human rights lawyer Julian Burnside, QC, is leading the case brought against McLachlan and Fitzpatrick by Melbourne lawyer Jackson Taylor, who alleges misleading and deceptive conduct during the five-year supplements saga.
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The AFL, led by silk Greg Harris, wants a limited trial without the need for witnesses or the discovery of documents.
But Burnside, who represented Bombers coach James Hird at the peak of his fight against the AFL, will argue even a limited trial sought by the league would require extensive discovery of documents and cross-examination of senior AFL figures.
The AFL’s application is the latest manoeuvre in an increasingly costly dispute which began last year.
Julian Burnside, QC, is leading the case brought against Gillon McLachlan and Mike Fitzpatrick. Picture: Nicole Garmston
League lawyers applied last March to have the proceeding dismissed unless Taylor provided security for their costs, which he did.
The case alleges McLachlan and Fitzpatrick contravened consumer law by misleading or deceiving the public over the AFL’s conduct in the saga, to protect its commercial interests and reputation.
It centres on a series of public comments, including:
McLACHLAN’S denials that he asked the Australian Sports Anti-Doping Authority to “take bits out” of an interim report unfavourable to the AFL.
McLACHLAN’S denials that he tried to engineer outcomes before Essendon players and officials were interviewed by ASADA and the AFL.
FITZPATRICK’S denial that he told axed Essendon football boss Danny Corcoran in March 2016 that “your mate (James) Hird will never get back into football”.
Mr Taylor, who has worked with law firm Arnold Bloch Leibler in Melbourne and Latham and Watkins in London, is seeking orders for the AFL to publish the truth about the matters over which he alleges the public was deceived.
He also seeks a declaration that McLachlan, Fitzpatrick and the AFL acted unlawfully in deceiving the public.
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