20140730 james hird affidavit part 2
DESCRIPTION
James Albert Hird & Essendon FC vs ASADA 2014TRANSCRIPT
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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 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.