Judge to decide if AFL executives will give evidence over Essendon scandal

THE ESSENDON supplements scandal will roll into a sixth season with a Supreme Court judge considering whether top AFL executives should give sworn evidence about the long-running saga.

THE ESSENDON supplements scandal will roll into a sixth season with a Supreme Court judge considering whether top AFL executives should give sworn evidence about the long-running saga.

Lawyer Jackson Taylor is suing AFL chiefs including Gillon McLachlan and Mike Fitzpatrick, claiming they breached consumer law by making deceptive and misleading comments during the supplements scandal.

The AFL says some of the comments relate to disciplinary proceedings brought against the players.

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The case against the AFL executives largely rests on seven statements, including five media articles which reported behind-the-scenes conduct of the league’s powerbrokers.

Gillon McLachlan could be forced to give sworn evidence on the supplements saga. Picture: Richard Jupe

One of the articles is a Herald Sun report in which former Essendon football manager Danny Corcoran alleges he was told by Mr Fitzpatrick that “your mate Hird will never get back into football” during a chance meeting at a property auction.

The AFL says even if true, the reported comments were opinions about the disciplinary hearings and did not break any commercial laws

Mr Taylor claims he is a dispassionate observer with no personal interest in the supplements saga, but Justice John Dixon said he didn’t understand the case alleged against the AFL executives.

Former AFL chairman Mike Fitzpatrick.

“To what end? I can’t make out from the statement of claim what all this about,” Justice Dixon said.

Gregory Harris QC, for the AFL, said it was not clear why Mr Taylor had launched the proceeding.

“What, precisely, does the plaintiff want?,” Mr Harris said.

“What the plaintiff is doing is seeking to bring to court a large matter ... It’s going to involve third parties”

If the matter proceeds to a full trial, it is expected to be very expensive and could involve witnesses from ASADA, the AFL and various government agencies, Mr Harris said.

If the matter proceeds to a full trial, Mr Harris said the saga could drag on to at least 2020.

Justice Dixon — who described the AFL as a “juggernaut” — is considering the merits of the case and what form of trial should be held if it proceeds.

He reserved his decision.

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