Essendon to file Federal Court injunction against ASADA (yes, another one)

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I have extreme doubts about their ability to legally compel Dank to produce anything. None of us know the terms of Dank's contract with the club.

As far as public exhortations, what about this:

http://www.heraldsun.com.au/sport/a...-out-the-bombers/story-fni5f6kv-1226955060606

Or the pleas of Lloyd, Tim Watson?

Dank would not be need to talk to anyone if Essendon had undertaken a HAZID of their proposed supplements program before it had commenced which would have amongst other things identified some basic program requirements such as the management and retention of all supplements documentation.
 
Little, Watson, Lloyd etc. have publicly asked Dank to talk numerous times. As have ASADA etc.

He has refused on numerous occasions.

At this stage, I don't see any way that they can use any sort of legal process to compel him to do so, or to disgorge records.

I'd like to see a good explanation from those of you saying "Why don't EFC make him talk" as to just how, exactly, you propose that they do that.

Well that must be an enormous relief to Essendon then.
 

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Tell us why YOU think Dank won't talk.

Which fantasy camp are you in?
-He went rogue so we don't know what was administered?
or
-He's legit and tells the whole truth?

This post doesn't make sense. Think you need to slow down a bit and take it all in.

I think Dank won't talk because he has said he won't talk on numerous occasions.
 
What's Essendon's policy on taking Court Action?

They could compel him under many different ways to speak and or give up records and documents. A couple of examples I think they could:

- IP over the program run at Essendon.
- Sue him for breach of contract.
- Sue him for fraud.
- Sue him for health risk of club employees.

Wouldn't work. If they were bringing one of those actions for the sole or predominant purpose of getting documents to use in their defence in other proceedings, then (a) it would be an improper use of the Court process, and (b) any documents they obtained would be subject to an implied undertaking not to be used for any other purpose.
 
This post doesn't make sense. Think you need to slow down a bit and take it all in.

I think Dank won't talk because he has said he won't talk on numerous occasions.

Question
Why do you think Dank won't talk? -- FYI 'because he won't' isn't a reason.

Question
Do you think Dank
A - went rogue so we don't know what was administered?
or
B - He's legit and tells the whole truth?

You need it slower?
 
No. Wrong. EFC say that, to the best of their knowledge, they have abided by the Code.

They say that ASADA has not abided by the ASADA act
How can EFC possible say it has abided by the code?!
As I understand it they have opted for a 'Socratic doping defence'....The only thing we know is that we know nothing of what the players were given...

The best of their knowledge is no knowledge at all.

At the risk of stepping in Lawyer-speak, being sure of being unsure is no surety of abidance.
 
Wouldn't work. If they were bringing one of those actions for the sole or predominant purpose of getting documents to use in their defence in other proceedings, then (a) it would be an improper use of the Court process, and (b) any documents they obtained would be subject to an implied undertaking not to be used for any other purpose.
Ta, but he would have to speak?
 
Is the question: "why do I think Dank doesn't want to talk?". If so:

Clearly there is some self interest involved. Clearly he has been advised not to by his lawyers.

Perhaps he did, in fact, defraud Medicare in some way and does not want to make any statements without being provided with a s128 notice.

I dont know. Neither do you.
 

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Had a read of that Rucci article (http://m.heraldsun.com.au/sport/ruc...s-over-integrity/story-fnig5e6k-1226961798556)

This line is fantastic:

While critics ask why ASADA has not interviewed Stephen Dank, the man who orchestrated Essendon’s contentious fitness program in 2012, the more meaningful point is: Why have the Bombers not used all their might and legal power to force Dank to detail everything that happened at Windy Hill two years ago?
...

He clearly has absolutely no understanding of the legal system whatsoever.

Perhaps he thinks you can just go round subpoenaing anybody, at any time?

No wonder he is ridiculed every time his name comes up in the wider media.

if dank has documents they would constitute the intellectual property of efc, and that could be pursued
 
Ta, but he would have to speak?

Short answer, no.

Long answer - if the matter went as far as a trial, he would probably have to give evidence in his defence if he wanted to have any sort of success in the action. But he could decide for whatever reason not to take the stand.
 
I have extreme doubts about their ability to legally compel Dank to produce anything. None of us know the terms of Dank's contract with the club.

As far as public exhortations, what about this:

http://www.heraldsun.com.au/sport/a...-out-the-bombers/story-fni5f6kv-1226955060606

Or the pleas of Lloyd, Tim Watson?
Would this face really inspire you to be forthcoming?
yza7yrer.jpg


Sent from my Nexus 7 using Tapatalk
 
That too, but my point was that the club needs the players for it to survive, so no surprise they'll go broke trying to defend them via any means available. Doesn't mean their reasons are noble, just that their fate is linked.

More than that. When the players realize what the club did to them the EFC will be back in court- defending itself from its players.
 
OK Romeoh CJ, give us your learned legal opinion on how Essendon can compel Dank to make a statement, or hand over documents, when ASADA has failed completely in this respect.

I'd love to hear it.

Its not exactly ASADA's problem is it. They have issued SC's without Dank.

On the other hand Essendon are sure that their players have not taken banned substances and the only person who can seemingly 100% confirm this is Dank - cause you know, the bombers don't now, don't have records and all that.

So my interpretation of the logic being put forward is that Dank is only man who can save Essendon, yet there is not a lot of urgency from Essendon to get Dank to talk :confused:
 
Its not exactly ASADA's problem is it. They have issued SC's without Dank.

On the other hand Essendon are sure that their players have not taken banned substances and the only person who can seemingly 100% confirm this is Dank - cause you know, the bombers don't now, don't have records and all that.

So my interpretation of the logic being put forward is that Dank is only man who can save Essendon, yet there is not a lot of urgency from Essendon to get Dank to talk :confused:

Sigh. Apart from repeatedly publicly urging him to come forward you mean? And, as I said, please make a sound legal argument as to how they can compel him to make a statement, or disgorge records that he says Essendon has already.
 

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Essendon to file Federal Court injunction against ASADA (yes, another one)

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