So what exactly is The Australian alleging happened here?
The newspaper claims the AFL offered inducements to James Hird to play nice in public and cop his penalty, rather that drag the league and all involved through the court system in order to clear his name. The Australian alleges among the sweeteners were an offer to go overseas and study a prestigious business administration course, his full salary while suspended, charges against him dropped, and also a guarantee Essendon players would not be charged over the supplements affair. Hird just had to accept the 12-month ban, and shut the hell up. The underlying theme? If you take the gas on this, we'll look after you. The Australian says it has documents and emails to prove it. Note, however, that the newspaper is not saying that any deal was done. Just that offers were made. A subtle but important difference.
That's completely wrong, isn't it? Why negotiate with those who've allegedly done the crime? As the governing body, don't you just decide what the punishment is, then dish it out?
Plea bargaining - and thereby negotiating penalties - are not unusual in either the criminal or civil justice systems. Remember all the media out the front of AFL House for two days, sitting on milk crates and doing live crosses to tell you bugger-all? That was against the backdrop of negotiations inside between lawyers for all those accused and the AFL's legal eagles. In the court system, those charged with murder often attempt to have their charges downgraded to manslaughter. Often deals are done. Settlements over civil disputes start with an ambit claim, and a lot of the time are settled out of court when both parties decide on a dollar figure they can live with. These are the unseen wheels of justice. Agreeing to live with certain sanctions - in Hird's case a 12-month ban and the AFL to eventually take him back - is par for the course in the real world. But what is unusual, if true, is the offer of sweeteners thrown in to the deal - and in return Hird and his lawyers swallowing their medicine quietly and dropping any subsequent legal action. Especially when it's all kept quiet as the AFL shows itself to be coming down like a ton of bricks on those who've transgressed.
What's been the AFL's response?
AFL chief executive Andrew Demetriou has denied any deal was done between his organisation and Hird, nor any inducements offered for the Essendon coach to take his medicine. He also said categorically that Hird was not being paid by the Essendon Football Club, nor the AFL, during his suspension. Essendon is precluded from doing so, he says. Demetriou also said it was "absurd" to claim an AFL offer would include Essendon players not being charged. He says the league does not have that power. Demetriou said negotiations had gone on between both parties prior to the AFL Commission hearing which signed off on the penalties. The substance of those negotiations? We don't know. Demetriou wasn't privy to those discussions, he told Melbourne radio station 3AW. But he suggested any pre-hearing discussions may have centred around what may or may not happen, and what sorts of sanctions may be handed down.
What are the key points we should be focusing on?
There are three. Firstly, whether Hird was given secret assurances he would be looked after if he took the penalty and didn't drag the AFL through the court system. If he's getting something on the side to go away quietly, it's concerning. The second is whether there was a promise Essendon players would not be charged if Hird and the Bombers bent over and copped it. That is even more concerning. It would be an affront to natural justice. Thirdly, if Hird is being paid his coaching salary, who's doing so? Things like the wording of the charges and whether negotiations actually went on are sideshows. Don't let them distract you from the key issues as the rest of this saga unfolds.
Winners and losers?
Hird has done far better than you'd expect if The Australian's allegations are true - and the offers eventually have become a deal. If his MBA course in France has come and is being paid for via some wheel-greasing as a part of any AFL inducement, or he's managed to eke anything else of value out of this sorry mess, well played. Better than fighting for years through the court system. Hird's legal team must be pretty good. They'd probably turn your next red-light camera ticket into two Gold Class movie passes with jumbo popcorn on this form. The AFL is the loser here. Having thought it was rid of the supplements saga, it just will not go away. And there looks more to come.
What comes next?
Masters of the pre-Christmas trash takeout of bad news, the AFL have been one-upped this festive season by News Corp. Murdoch's team have backed up their garbage truck full of rotting prawn heads to the neat lawns surrounding AFL House, and tipped it out big-time. They reckon they'll be back with more. The Australian has promised several more days of revelations. Hold your nose. There is a smell around this that promises to get worse.