ASADA has responded to questions ‘on notice’ asked during a Senate Estimates Committee on 3 March 2016. The ‘Justice for the 34’ (J34) group (https://www.facebook.com/justiceforthe34/?ref=bookmarks) has reviewed ASADA’s answers to these questions. This petition update comprises part 1 of J34's review and comments, which are comprehensive and compelling. Clearly, ASADA is in trouble. Big trouble. Read on. Ref No: SQ16-000248 Question: Senator Madigan: Can ASADA please supply documentation that clearly shows Essendon players had clear and unambiguous access to the WADA banned substances list at the time the alleged offences took place that showed the substance Thymosin beta-4 was on the WADA banned list. ASADA's answer: The World Anti-Doping Code mandates that the World Anti-Doping Agency (WADA) publish an annual list of Prohibited Substances and Methods. This is known as the ‘Prohibited List’. The Prohibited List has been published by WADA since 2004. The current Prohibited List is published on WADA’s website at www.wada-ama.org/en/resources/science-medicine/prohibited-list. Archived versions of the Prohibited List for each year since 2004 are accessible via the same link. In addition to internet publication, WADA also makes the Prohibited List available for mobile devices with free applications available for download. The Australian Sports Anti-Doping Authority website also contains an information page about the Prohibited List with a link to the Prohibited List at www.asada.gov.au/substances/prohibited-substances-and-methods. For copies of the Prohibited List, please refer to the response provided to Question on Notice SQ16-000276. Australian Football League (AFL) players are provided with annual education sessions from the AFL to assist them in their understanding of their obligations under the AF Anti-Doping Code. J34 Review and comments: Senator Madigan asked for documentation that clearly shows Essendon players had “clear and unambiguous access” to the list that showed Thymosin Beta 4. The linked prohibited list on WADA’s website makes no mention of Thymosin or Thymosin Beta 4 as Thymosin Beta 4 is not a specified banned substance. Dr. Ben Koh (Law in Sports, University of Technology Sydney) commented on an article related to ultrasound and platelet-rich plasma (PTP) “The point I am making is: for athletes who are neither pharmacologically, medically or legally trained, they cannot simply read the packaging of something and compare it to the WADA list to determined whether something is banned or not. For that matter, neither can doctors And in case you are wondering, calling the national anti-doping organisation (ASADA for Australia) may not be useful either for the athlete as the personnel providing the information would not know how the "catch all" will be legally interpreted; this is even assuming s/he knows the substance the athlete is calling about. The confusion surrounding AOD9604 is an example in point” (1) This clearly shows that the WADA code is obscure and difficult for anyone who is either medically trained or not to decipher what is permitted and what is not despite the training provided by the AFL. In a recent interview by Tracey Holmes (ABC audio of The Ticket program) a WADA spokesperson confirmed the WADA rules that two of the three criteria applied to banning a substance, but advised that WADA does not release advice of the applicable criteria (2) Under those circumstances it is impossible for an athlete or medical practitioner to establish the WADA status of a non-specified substance short of formal confirmation by the WADA Executive Committee Category S0 is a “catch all” category which WADA can use to specify substances as banned at their own discretion (3) This makes it impossible for any athlete or medical practitioner to determine what could be added to S0 In 2012 Thymosin Beta 4 was not explicitly listed on ASADA’s substance checking web site. The date it was added is unknown but thought to be early 2016. SQ16-000276 Question: Senator Madigan: Mr McDevitt, you refer to this WADA list of banned substances. I have been trying to find where this list is. For the benefit of the committee, could you point us to where this list is, because I am having difficulty finding this list that you have referred to tonight. Mr McDevitt: I will give you the link. Senator Madigan: Also, for the benefit of the committee, is ASADA able to furnish the committee with screen shots of the banned substances over the past five years, between 2010 and the present day? Mr McDevitt: Essentially that will be copies of the list. Yes, I think we can get that for you. Senator Madigan: And also tell us where we can get those ourselves— Senator Madigan: Could you show us where TB4 is specifically mentioned on those lists of WADA from 2010 to the present day? Mr McDevitt: I will take that on notice. ASADA's answer: 1. The World Anti-Doping Code mandates that the World Anti-Doping Agency (WADA) publish an annual list of Prohibited Substances and Methods called the ‘Prohibited List’. The Prohibited List has been published by WADA since 2004. 2. The current Prohibited List is published on the WADA website at www.wada-ama.org/en/resources/science-medicine/prohibited-list. Archived versions of the Prohibited List for each year since 2004 are also published at the same link. In addition to internet publication, WADA also makes the Prohibited List available for mobile devices with free applications available for download. The Australian Sports Anti-Doping Authority website also contains an information page about the Prohibited List with a link to the Prohibited List at www.asada.gov.au/substances/prohibited-substances-and-methods. 3. Copies of the WADA Prohibited List for 2010-2016 (inclusive) are at Attachment A. 4. The substance Thymosin Beta 4 is prohibited under category S2 of the Prohibited List. It is a growth factor affecting muscle, tendon or ligament, vascularisation and regenerative capacity. The substance is also prohibited under category S0 of the Prohibited List as it has never been approved by any regulatory agency for human therapeutic use. 5. The AFL Tribunal itself was comfortably satisfied that the substance Thymosin Beta 4 was at the relevant time a prohibited substance – see the link to the Tribunal’s public statement at www.afl.com.au/news/2015-03-31/full-tribunal-statement, which is at Attachment B. 6. In coming to its conclusion, the Tribunal considered the expert report prepared by Professor David Handelsman. The report is at Attachment C. 7. Had players performed an internet search at the relevant time, they would have found that the substance Thymosin Beta 4 was not approved for human use. J34 review and comments: Senator Madigan requested where Thymosin Beta 4 was specifically mentioned on the prohibited lists. Thymosin Beta 4 is not mentioned anywhere on the links provide. Given ASADA’s answer points 1, 2 and 3 do not clarify where the chemical entity Thymosin Beta 4 can be found on the ASADA/WADA Banned List, an athlete would not have been able to use this system to be alerted that they might be using a banned substance. Dr Andrew Garnham of the AFL advised that a substance cannot be on two different categories of the Prohibited list. You have stated that Thymosin Beta 4 is on both S0 and S2. (6) WADA is consistent with Dr Andrew Garnham The WADA Summary of Modifications of 2012 stated “As a reminder, it is stressed that if a designer drug or any other non-approved substance falls into any of the S1-S9 categories… Inclusion in S0 applies only after all the other categories have been considered inadequate.” (7). The WADA Prohibited List of 2012 stated: “Any pharmacological substance which is not addressed by any of the subsequent sections of the List and with no current approval by any governmental regulatory health authority for human therapeutic use (e.g. drugs under pre-clinical or clinical development or discontinued, designer drugs, veterinary medicines) is prohibited at all times.” (8). As a result of points above, it is clear that the WADA Prohibited List stipulates that a substance cannot be banned in 2 sections. Substances are either banned in S1-9, or if appropriate fall into S0. ASADA claim it is banned in 2 categories. This shows a complete lack of understanding of WADA protocols. The report by Professor Handelsman may be deemed an “expert” report by ASADA but has not been peer reviewed. The report did contain some caveats and inaccuracies, especially Dr Handelsman’s surety of the clinical evidence and the regulatory status of TB4 worldwide It is completely illogical and unrealistic to expect the players to perform an internet search for Thymosin Beta 4 when they were informed they were receiving Thymosin or Thymomodulin. An internet search Thymomodulin, as they were told they would be receiving, the search would not have shown that it isn’t approved for human use, given this substance is approved and even administered to infants. References: 1. Koh, Dr. Ben. A potential new method of performance-enhancement: ultrasound and platelet-rich plasma. Cycling Tips. [Online] 2016. http://cyclingtips.com/2016/03/a-potential-new-method-of-performance-enhancement-ultrasound-and-platelet-rich-plasma/. 2. The Ticket. [Online] ABC Radio. http://mpegmedia.abc.net.au/newsradio/audio/theticket/201604/r1554386_23302004.mp3. 3. WADA. 2015 Wold Anti-Doping Code. [Online] https://wada-main-prod.s3.amazonaws.com/resources/files/wada-2015-world-anti-doping-code.pdf. ... ... 6. Garnham, Dr. Andrew. AFL360 - 20 Aug 2013 - Essendon and AOD 9604. AFL360. August 20, 2013 - see video. 7. WADA. 2012 Prohibited List Change Summary. [Online] https://wada-main-prod.s3.amazonaws.com/resources/files/WADA_Summary_Modifications_2012_List_EN.pdf. 8. —. WADA 2012 Prohibited List. [Online] https://wada-main-prod.s3.amazonaws.com/resources/files/WADA_Prohibited_List_2012_EN.pdf. Clearly, ASADA is in trouble. More to come. Please support this petition which requests a Senate Inquiry to sort this mess out. Kindly read, consider, and sign this petition. If you have already signed, please ‘share’ and then ‘like’ this petition using any of the links below and/or your own social media platform. Thank you sincerely for your support.