20140730 James Hird Affidavit Part 2

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NOTICE OF FILING This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 30/07/2014 10:56:15 AM AEST and has .been accepted for filing under the Court’s Rules. Details of filing follow and important additional information about these are set out below. Details of Filing Document Lodged: Affidavit - Form 59 - Rule 29.02(1) File Number: VID328/2014 File Title: James Albert Hird v The Chief Executive Officer of the Australian Sports Anti-Doping Authority Registry: VICTORIA REGISTRY - FEDERAL COURT OF AUSTRALIA Dated: 30/07/2014 11:12:47 AM AEST Registrar Important Information As required by the Court’s Rules, this Notice has been inserted as the first page of the document which has been accepted for electronic filing. It is now taken to be part of that document for the purposes of the proceeding in the Court and contains important information for all parties to that proceeding. It must be included in the document served on each of those parties. The date and time of lodgment also shown above are the date and time that the document was received by the Court. Under the Court’s Rules the date of filing of the document is the day it was lodged (if that is a business day for the Registry which accepts it and the document was received by 4.30 pm local time at that Registry) or otherwise the next working day for that Registry.

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James Albert Hird & Essendon FC vs ASADA 2014

Transcript of 20140730 James Hird Affidavit Part 2

  • NOTICE OF FILING

    This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 30/07/2014 10:56:15 AM AEST and has .been accepted for filing under the Courts Rules. Details of filing follow and important additional information about these are set out below.

    Details of Filing

    Document Lodged: Affidavit - Form 59 - Rule 29.02(1)

    File Number: VID328/2014

    File Title: James Albert Hird v The Chief Executive Officer of the Australian Sports Anti-Doping Authority

    Registry: VICTORIA REGISTRY - FEDERAL COURT OF AUSTRALIA

    Dated: 30/07/2014 11:12:47 AM AEST Registrar

    Important Information As required by the Courts Rules, this Notice has been inserted as the first page of the document which has been accepted for electronic filing. It is now taken to be part of that document for the purposes of the proceeding in the Court and contains important information for all parties to that proceeding. It must be included in the document served on each of those parties.

    The date and time of lodgment also shown above are the date and time that the document was received by the Court. Under the Courts Rules the date of filing of the document is the day it was lodged (if that is a business day for the Registry which accepts it and the document was received by 4.30 pm local time at that Registry) or otherwise the next working day for that Registry.

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    Form 59 Rule 29.02(1)

    Affidavit

    Federal Court of Australia District Registry: Victoria Division: General

    James Albert Hird Applicant

    Australian Sports Anti-Doping Authority Respondent

    Affidavit of:

    Address:

    Occupation: Date:

    James AJbert Hird

    Senior Coach of the Essendon Football Club 30 July 2014

    I James Albert Hird

    Football Club and Applicant in this proceeding say on oath:

    No. VID328 of 2014

    Se,,;o, Coach of the Essendon

    1. I make this affidavit based on my own direct observations and knowledge, except where I say otherwise, Where I make statements based on information provided to me, I bel ieve it to be true and correct.

    Interview - AFLJASADA Joint investigation 2. On 16 April 2013, I attended an interview with ASADA and AFL representatives (the

    Interview). The Interview formed part of the AFUASADA investigation. The Interview was conducted by Abraham Haddad, an employee of the AFL, and by ASADA investigators John Nolan and Aaron Walker. Mr Tony Nolan se, Nicholas Harrington of counsel and Steven Amendola, lawyer, attended as my representatives. I answered each question asked of me truthfully.

    Filed on behalf 01 (name & role of party) The~ee!icant. James Hi"'d'--__ Prepared by (name of personllawyer) _ St~ven Amendola Law fi rm (if applicable) _ Ast!~rst Australia ===-"'-----------------Tel -.J03) 967~~~00 Fax -l9;!l.~62!!.~~l .I'___ ____ _ Email [email protected] Address for service (include slate and postcode)

    Level 26, 181 William Street, Melbourne, Victoria 3000

    [Version 2 form approved 09105f2.013j

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    3. Shortly after the commencement of the interview, the following exchange occurred between Mr Nolan se and Mr Haddad:

    Mr Nolan se

    Mr Haddad

    Mr Nolan se

    Mr Haddad

    Mr Nolan se

    Now, gentleman, we don't want to enter into any debate as to the legal arguments today as to the nature of the joint investigation as distinct from two separate investigations. We'll put that debate to the side for a later time, if necessary.

    Okay. That's good.

    We understand that's what you say - --

    Yeah

    - - - and he understands what you say.

    4. Several weeks after the interview, I received a copy of a transcript of the interview from Mr Nolan se.

    Annexed to my affidavit and marked "JAH-10" is page 3 of the transcript of the interview dated 16 April 2013 from which the exchange set out in paragraph 3 has been extracted.

    Sworn by the deponent at Melbourne in the State of Victoria on 30 July 2014 Before me:

    FRANCESKA LEOt~CIO Ashu r:

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    Form S9

    Rule 29.02

    Certificate identifying annexure

    No. VID328 of 2014

    Federal Court of Australia

    District Registry: Victoria

    Division: General

    James Albett Hlrd

    Applicant

    The Chief Executive Officer of the Australia" Sports Anti-Doping Authoritv

    Respondent

    This is the annexure marked "JAH-l0" now produced and shown to James Albert Hird at the time

    of swearing his affidavit on 30 July 2014.

    Filed on behalf of Prepared by law firm Tel (03) 9679 3000

    The Applicant, lames Hlrd Steven Amendola

    Ashurst Australia

    Email [email protected] ... m~ ____________________ _

    Address for service Level 26 181 William Street Melbourne Vie 3000

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    Q16 Okay.

    MRNOLAN SC:

    Now, gentlemen. we don't want to enter into any debate as to the legal argum~nts today as to the nature of the joint investigation as distinct from two separate investigations. We'll put that debate to the side for a later time, if necessary.

    MRHADDAD:

    Okay. That's good.

    MRNOLANSC:

    We understand that's what you say - - -

    MRHADDAD:

    Yeah.

    MRNOLAN SC:

    - - - and he understands what you say.

    MR HADDAD:

    Okay. All right. We'll just continue on. What I'd like to say now is that this is ajoint investigation between AFL and ASADA - the Australian SpOliS Anti-Doping Agency - and it's run under the rules of the AFL, and that now I'm going to ask everyone to introduce themselves for the purpose of tape, and I'll start with myself. My name is Abraham Haddad; ['m the Intelligence Co-Ordinator with the AFL, and to my left going 'round the table, please.

    MR NOLAN Se:

    My name's Tony Nolan, se - Senior Counscl- acting for Mr HiI'd.

    MRHIRD:

    My name's James HiI'd, the Senior Coach of the Essendon Football Club.

    MR HARRINGTON:

    Nicholas Harrington, Junior Counsel for .Tames Hird.