UPDATE: EMBATTLED Essendon coach James Hird will be back in court next Thursday where his push for an expedited appeal will be determined.

Federal Court Justice Susan Kenny will hear arguments from Hird's lawyers and the sport's anti-doping authority at 10.15am on Thursday as to why his appeal should be fast-tracked.

If he is successful and the appeal is heard within weeks, it could help Hird keep his job.

It comes as the club this afternoon said it had made no decision, despite reports that he had been sacked.

The board will meet on Monday, club chairman Paul Little told essendonfc.com.au.

"We can report to you that no decisions have been taken relating to James and the board intends to meet very early next week, Monday, and approve a strategy going forward," he said in a video message to supporters.

"At this point in time everything else remains speculation so I would ask you to just be patient and wait until we can give you more factual detail," he said.

"James Hird is the current coach of the Essendon footy club.

"I think Essendon fans would rather have deliberation around this rather than a quick knee-jerk reaction. James took it upon himself not to come (to the best and fairest) and I think that was appropriate.

"We would prefer James had not appealed, (but) he took the decision to do that."

Earlier, Hird arrived at Tullamarine at 11.15am and spent almost 90 minutes in talks with Bombers chairman Paul Little and CEO Xavier Campbell.

The meeting following his decision to lodge a formal appeal in the Full Federal Court, defying club orders to ditch his legal war against ASADA.

Hird left at 12.40pm through a side door and did not answer questions from the waiting media.

News_Image_File: James Hird

News_Image_File: James Hird

As he closed the door of his car he was asked "are you still Essendon coach?" and he replied, "Yes, I am still the coach", shut the door and drove off.

Little and Campbell remain inside.

Arriving home in Toorak just before 1.30pm, Hird said his position with the Bombers was "still pretty good".

He said he had discussed his legal appeal with Little but refused to say whether the club was supporting his continued legal fight with ASADA.

"I'd probably rather not talk about it, we've had a discussion, Paul and I, and I'll leave it at that," Hird said.

Essendon spokesman Justin Rodski earlier today denied reports that Hird had been sacked, saying at noon: "No. That is wrong."

The Herald Sun revealed that lawyers for Hird tabled papers with the court at 10am. Earlier, Hird told Little that he was lodging the appeal.

Hird's move had placed his future in the balance.

News_Image_File: Hird

SCROLL DOWN TO READ HIRD'S STATEMENT IN FULL

Hird's reasons for appeal

MARK ROBINSON: A great club splitting at the seams

Hird explained his decision to appeal, saying: "If we don’t appeal our players may be stained forever by the innuendo, misconceptions and falsities that resulted from an investigation that we believe was conducted unlawfully.

"I have not taken this decision lightly.

"I believe this is the right course or action and is in the best interests of the Essendon Football Club, its players, the supporters and the game.

"The short term simple approach would be to acquiesce and plead guilty to ASADA even though the players, the club and myself do not believe we have breached the rules.

"It would be a lie as would pleading out of the proceedings when I, my lawyers and the Essendon Football Club lawyers firmly believe that the investigation was conducted unlawfully and an appeal will be successful.

News_Image_File: Paul LittleNews_Image_File: Paul Little

"I have been advised and believe that there are strong reasons why that decision is incorrect and that this is the proper and appropriate course to vindicate the legal rights of the EFC and its players."

Hird said he had requested the appeal be held as soon as possible.

He added: "ASADA plays an extremely important role in the fight against drugs in sport and must work within the Act under which it operates.

"Throughout my playing career I vehemently opposed the use of performance enhancing drugs in sport. My stance as a coach has been and is exactly the same.

"At no time in the 2012 season did I believe any Essendon player was exposed to any supplement or drug that fell outside the WADA, ASADA or AFL code. News_Image_File: James Hird

"Two years since the end of that season I still do not believe any Essendon player took anything illegal. No one has shown me any evidence that would lead me to believe differently.

"I am extremely sorry for the pain this saga has caused the players of the Essendon Football Club, their families, the Essendon Football Club staff, the Essendon Football Club supporters and the football industry as a whole.''

ASADA told theHerald Sun it was weighing its options regarding action against the players after the latest developments.



"At this stage, it is ASADA’s intention to wait until the 21 day appeal period has expired before we determine what we do next," an ASADA spokesman said.



"We are in the process of seeking legal advice in relation to the issuance of amended notices in the light of a Federal Court appeal."

Hird is seeking orders that Justice Middleton’s judgement be set aside; a declaration that the joint investigation was unlawful and that ASADA breached its confidentiality obligations by giving the AFL the interim report.

He wants the court to grant an injunction against ASADA, stopping the anti-doping body from issuing him with a show cause notice and wants the notices issued to 34 current and former Essendon players set aside.

Hird’s appeal says Justice Middleton erred in finding ASADA had not exceeded its powers under its Act and failed to identify any source of power for ASADA to agree with the AFL to conduct a joint investigation.

Hird’s lawyers claim the judge should have found that ASADA did not have authority to allow AFL officials to be present during interviews with players and officials and that the AFL “did no more than provide the basis on which interviewees were compelled to attend and answer questions”.

He also alleges ASADA gave the AFL the contentious interim report to the AFL “for purposes that were extraneous to the purposes” under ASADA’s regulations.

News_Image_File: Mark ThompsonHird was banned from attending last night’s club’s best and fairest dinner at Crown casino after informing the club he would press ahead with his appeal, as revealed by heraldsun.com.au.

His legal team were given instructions to file the appeal at 10am against a ruling by Federal Court Justice John Middleton last month that declared the ASADA-AFL investigation into the club’s 2012 drugs regime was lawful.

Hird has two years to run on his coaching contract. If he is dismissed, it will cost the club about $1.5 million.

Little, speaking outside his South Yarra office at 8.20am this morning, said he was on his way to Tullamarine to discuss Hird’s future.

“There is no plan, I’m just on my way to the club now,” he said.

“We’ve just been celebrating the best-and-fairest from last night so it was a great night for the club.”

Asked why he didn’t mention Hird in his address last night — despite declaring he would open with “the elephant in the room” — Little said: “No reason, James wasn’t there”.

Little confirmed the club’s coach for 2015 was hinging on “how events unfold today”.

Pressed on when Essendon would know whether Thompson plans to remain at the Bombers or take the senior position at Gold Coast he is set to be offered, Little said that was a question that needed to be put to the dual premiership coach.

“I’m not worried about anything at the moment, except getting my coffee,” Little said when asked if the Suns approach to Thompson was a concern.

Little told the best and fairest function he still believed no Essendon player was given harmful or banned drugs and said the board would now expend all its energy on clearing the players’ names “once and for all” through the standard anti-doping process.

“Our priority throughout this process has always been our players,” Little said.

“As a result, the board has decided not to pursue an appeal against the Federal Court judgment.



“We are of the strong belief that if there is no appeal, the show cause process will recommence immediately and both ASADA and the AFL will undertake to move with as much expedition as possible.



“It is therefore my recommendation to all of you here tonight and our supporters generally, that it is now time to accept the Federal Court’s decision and move on.”

Essendon chose not to appeal its case despite strong legal advice that it would win.

Hird had been seriously considering his own options for the past week.

The AFL was supportive of Essendon’s decision to end its litigation.

Show-cause notices against 34 former and current Essendon players could remain on ice if the Hird camp goes through with an appeal.

Players found guilty of doping will be handed suspensions involving AFL premiership matches.

Essendon and Hird’s case against ASADA was comprehensively thrown out by Justice Middleton on September 19.

James Hird's statement:

I have today lodged an appeal with the Federal Court against the decision of Justice Middleton in Hird v Asada. I have been advised and believe that there are strong reasons why that decision is incorrect and that this is the proper and appropriate course to vindicate the legal rights of the EFC and its players.

The challenge to the lawfulness of the joint investigation was and is an important step in showing that the Essendon Football Club, its players and staff were submitted to a compromised investigation and were treated unfairly. If we don’t appeal our players may be stained forever by the innuendo, misconceptions and falsities that resulted from an investigation that we believe was conducted unlawfully.

It is important that an investigation based on unlawfully gathered information never occurs again to any person, sporting club or organization.

ASADA plays an extremely important role in the fight against drugs in sport and must work within the Act under which it operates.

Throughout my playing career I vehemently opposed the use of performance enhancing drugs in sport. My stance as a coach has been and is exactly the same.

At no time in the 2012 season did I believe any Essendon player was exposed to any supplement or drug that fell outside the WADA, ASADA or AFL code. Two years since the end of that season I still do not believe any Essendon player took anything illegal. No one has shown me any evidence that would lead me to believe differently.

I am extremely sorry for the pain this saga has caused the players of the Essendon Football Club, their families, the Essendon Football Club staff, the Essendon Football Club supporters and the football industry as a whole.

I am requesting expedition of this appeal and will not ask for a stay of the notices. The players and ASADA will be able to continue with the show cause process whilst a full court deals with the legality of the investigation.

I have not taken this decision lightly. I believe this is the right course or action and is in the best interests of the Essendon Football Club, its players, the supporters and the game.

The short term simple approach would be to acquiesce and plead guilty to ASADA even though the players, the club and myself do not believe we have breached the rules. It would be a lie as would pleading out of the proceedings when I, my lawyers and the Essendon Football Club lawyers firmly believe that the investigation was conducted unlawfully and an appeal will be successful.

News_Module: HS news promo Hird scribble