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James Hird has issued a writ against the AFL in the Supreme Court claiming he has been denied natural justice and demanding chief executive Andrew Demetriou be banned from taking part in any hearing into his involvement in Essendon's supplements program.
Hird's legal team lodged the claim with the Supreme Court registry just before 11am on Thursday.
In the writ, Hird — who has been charged with bringing the game into disrepute over the Bombers' 2011/12 supplements program — is seeking an injunction stopping Demetriou and any AFL commissioner who has been given access to the Australian Sports Anti-Doping Authority interim report into its investigation of Essendon from taking part in any hearing of the charge.
Hird also wants any hearing into the case delayed until he has been given details of the charge against him; a list of witnesses the AFL plans to call at the hearing and the substance of their evidence; and to be given all copies of documents the AFL will provide at the hearing.
Hird has given the AFL a deadline of September 16 to provide the information about the charge he faces and a September 30 deadline for information about the witnesses and other documentation the AFL will rely on to prosecute the Bombers' coach.
Hird, who claims he has been ambushed by the AFL, is also seeking damages for interference with his contractual obligations as Essendon coach and legal costs.
Under the heading, "AFL Acting in bad faith", Hird claimed that between February and August 21 this year the AFL had provided information to the media (directly or indirectly) with information it had acquired ''in the course of the alleged joint investigation''.
The writ said this information included:
• Information unfavourable to Hird;
• Information unfavourable to Hird which he has been given no opportunity to answer during the investigation; and
• Information which has not included material favourable to Hird, or material which explains the unfavourable information.
The writ said the AFL threatened and intended to hold a hearing into the charge against Hird in private, in front of a panel which includes Demetriou and commissioners who have had access to the ASADA report, and without giving Hird a proper opportunity to address the charge against him.
Hird claims he will be exposed to a hearing process ''where it appears Demetriou, and other members of the Commission who have read the ASADA interim report, will not be seen to act impartially in the hearing and determination of the Hird charge''.
He said the AFL's intention to have the charge heard by the commission substantially denied him natural justice, would cause him to suffer irreparable loss and damage, and ''seriously interferes with Hird's coaching contract with Essendon such that he fears he will not be able to meet his obligations under contract to Essendon in respect of the coming games''.
