Actualización de la peticiónInquiry into ethics/practices of ASADA AFL WADA antidoping case against the 34 EFC playersWhy the CAS Panel's preferred starting point was 'TB4 was given by Dank to the players' Huh...WHAT?

Philip NelsonAustralia
16 nov 2016
Ever wondered why the Court for Arbitration of Sport (CAS) Panel’s preferred starting point was Thymosin Beta 4 was given by Dank to the players? i.e. presumed guilty, prove your innocence?
Well, the reason they started at '....TB4 was given'.... is simple. Compounded Thymosin Beta 4 will not last longer than says 6-8 days even when refrigerated.
So, that means the WADA prosecution had to rely solely upon the existence of Thymosin Beta 4 being supplied with the second shipment.
When discussing the second shipment, the AFL Tribunal Judgement stated “it could not be comfortably satisfied that such deliveries were made of a substance which was in fact TB4”.
The WADA reliance on the second shipment appears to be confirmed by Chip LeGrand from The Australian, who wrote in an article dated November 12, 2016:
“The critical timeline relied upon to prove the doping case against Watson and his teammates shifted between the unsuccessful case ASADA ran before the AFL tribunal at the end of 2014 and the case WADA successfully ran before CAS a year later. In the AFL tribunal case, the players were injected with TB4 by Dank, from clear vials, from February onwards. In the case before CAS, the players were doped from bronze vials after May”.
Firstly, lets deal with the vial colours. The AFL Tribunal Judgement made the following comments:
Point 633.
“The Tribunal has previously referred when considering the assessment of evidence to the reliability difficulties that arise with respect to statements made by Mr Dank to some players. Consequently, there are difficulties in relying upon statements of some players to ASADA investigators which are based on what they were told by Mr Dank. Further, the evidence of some players in relation to their observations of matters such as the colour and presentation of vials is not, in the Tribunal’s view, as consistent and probative as the ASADA CEO contends. For example, the evidence of [name deleted] as to what he observed in relation to vials is different to what others said they observed. There is too much uncertainty involved for this evidence of the players to be of any significant probative value”.
As for the second shipment, the WADA prosecution and CAS Panel Outcome rely solely upon its existence and the shipment containing Thymosin Beta 4.
The AFL Tribunal Judgement differs. They stated:
Point 541 (page 113).
"The Tribunal has previously considered a submission from the ASADA CEO relating to an alleged supply of TB4 to Mr Alavi by Sichuan Hengli Technology and has stated its conclusions in relation to that submission. It is the Tribunal’s understanding from the submission of the ASADA CEO that the reference to this evidence was made as part of his submission that a second shipment was received and not as a receipt and delivery of TB4 forming part of the indispensable elements or links. However, for the avoidance of doubt, the Tribunal reiterates that on the basis of the submission made and the evidence referred to it could not be comfortably satisfied that such deliveries were made of a substance which was in fact TB4."
The AFL Tribunal Judgement continues discussing the second shipment:
Point 549
"There is evidence, which has previously been referred to, that Ms Giordani carried out an analysis of what was purported to be TB4. As previously stated it is contended by the ASADA CEO that this substance came from the second shipment. It would appear from what Ms Giordani told investigators that this analysis was done on the substance after she had compounded it. The Tribunal has previously considered in detail and stated its conclusions in relation to this Bio-21 analysis. There is no other reliable evidence of any analysis in relation to the second shipment. The Tribunal has previously referred to the “Thymosin” certificate produced by Mr Alavi and concluded that it could not be relied upon."
Just to make it absolutely clear, the AFL Tribunal in its Judgement again discusses this second shipment:
Point 629
"There are no records such as invoices or receipts from Mr Alavi or Essendon relating to the second shipment. This can be contrasted with the position in relation to the first shipment where there were two invoices which provided some evidence in relation to the transactions involved."
ASADA makes a convincing argument for a second shipment:
Point 630
"The ASADA CEO submits that the Tribunal should not make any negative finding about the absence of any invoice for compounding of the second shipment."
The overall AFL Tribunal Judgement conclusion is summarised here:
Point 634
"It follows from the conclusions that the Tribunal has reached, that it is not comfortably satisfied that the second element or link in the chain of reasoning relied upon by the ASADA CEO to prove a violation by each player has been established."
Point 635
"In the result, the Tribunal is not comfortably satisfied that TB4 was administered to any Player. The Tribunal is not comfortably satisfied that any Player violated clause 11.2 of the AFL Code."
Well, someone has got it completely wrong, haven't they? You decide who.
As someone has got it wrong, we must have a Senate Inquiry to sort through the mess of misstatements, contradictions, and half truths. Its the only way the truth will come out.
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