Petition updateInquiry into ethics/practices of ASADA AFL WADA antidoping case against the 34 EFC playersThe CAS transcripts: highlights from Day 2

Philip NelsonAustralia

May 29, 2018
The following quotes are selected from the transcripts of the CAS tribunal that sat for five days. They give you an insight into statements from various lawyers, CAS panellists, and others, that most media have never reported.
Out of respect to players, their names are redacted. “PLAYER” refers to different players at different times.
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THE CHAIR [Beloff]: I think I'd like to congratulate Mr Young [for WADA] on his brief but memorable appearance on Australian television yesterday evening; it's probably gone viral around the world, though I didn't hear a word he said, if anything.
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GLEESON (for the AFL): Over the last five years, there's been an average of 792 players across those teams in entirety on their lists. Across those five years there have been 3,986 tests conducted at an average of 797 per year. The results of those tests were that there had been four positive results: one in 2013, one in 2014 and two in 2015 which were the four that I mentioned yesterday.
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CLELLAND [for 32 EFC players]: What it means is that they had left the club at or shortly after midday on the Friday and had travelled to Adelaide, which is half an hour behind, and the test taken from [player’s name redacted] is at 5.15 Adelaide time and 5.45 Melbourne time, so you're somewhere in the area of 29, 30 hours later after any POSSIBLE [emphasised] administration by injection of Thymosin Beta-4. We think that's a highly significant matter for the tribunal in view of the evidence that's been given by the experts as to the window of detection being 24 hours or less.
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CLELLAND: The certificates of analysis that I took you to later and are in the folder, WADA still place reliance upon those in the way that was described yesterday by our friend Mr Young, which, as we understood it, was to say that they might have been typed out by Mr Anthony [former prison mate of Charter]. Well, of course, you don't hear from Mr Anthony, and even that suggestion is troubling in a number of ways. But we would suggest most significantly, if one looks at those certificates, there's no net weight, you've got no idea what it even relates to. That's critical, in our submission...
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CLELLAND: ... but the rules of evidence are there for a very good reason; they don't simply exist because someone made them rules, they exist because there is a danger and an unreliability, that's the law's specious--
SPIGELMAN [CAS Arbitrator]: It's a very theoretical argument. I wouldn't take up too much of your limited time with it.
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CLELLAND: But clearly, there's material missing from that [Charter] email. That's just an example as to the nature of the material being produced, even which on its face is an email, and one would look at it. But Mr Holmes, who appeared for ASADA down below, made it clear that they were not saying that they were producing all the emails and communications between these people. In addition to that, those that are produced, whether they're certificates, as Mr Alavi produced, or emails, we say there is a serious doubt about their reliability.
THE CHAIR: You're saying, there's something been omitted from that particular email?
CLELLAND: Yes.
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THE CHAIR: ... is it a legitimate inference that this was a general program for the players at the club and, therefore, one would naturally infer that, whatever was injected, would have been injected into every player? I mean, that's the purpose of a program, isn't it?
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PLAYER: Well, when I'm filling out the form, or for the doping control test, what I put down is what I'd been taking at the time, and in this instance I listed I think Tambocor and Brufen, which is an anti-inflammatory drug, so they were the things I was taking at the time and that's what I listed.
RYCHENER [for WADA]: When you had the meeting with Mr Dank in February 2012, were you actually told that you should not disclose the program of injections that he said he was going to administer to the team?
PLAYER: No.
RYCHENER: Did he say anything about whether you should or should not disclose them?
PLAYER: No.
RYCHENER: Did anyone else say anything about whether you should or should not disclose them.
PLAYER: No.
RYCHENER: Did you think that the form, with the benefit of hindsight now, that you filled in was truthful and accurate?
PLAYER: Yes
RYCHENER: The whole truth?
PLAYER: Yes.
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SUBIOTTO [CAS Arbitrator]: I just have an SMS exchange between you and Mr Dank from May 2012. You say: “Hey Danksy... What were the other items you wanted me to check out?” Then Stephen Dank says “Tribulus” What is Tribulus?
PLAYER: I'm not exactly sure, but we've taken Tribulus on and off. Tribulus has been part of our supplementation program for quite some time, probably six to seven years at Essendon. I think it was fairly commonly used across the AFL in certain programs.
RYCHENER: And then "vitamin IV", so intravenous vitamin, is that it? Vitamin IV?
PLAYER: The intravenous IV, yeah, I mean --
RYCHENER: So who would -- would Mr Dank do the injection?
PLAYER: No.
RYCHENER: How would that happen?
PLAYER: In 2012 I had intravenous IV vitamins done off-site in a clinic across the road from the Essendon Football Club.
RYCHENER: Then Colostrum you mentioned as well. Mr Dank mentions Colostrum...
PLAYER: ...but Colostrum again is something that we used on and off over a period of probably six to eight years.
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THE CHAIR: Do you also, during this period, have a doping control form to fill out?
PLAYER: I filled out a doping control form, I think, in January when I was drug tested.
THE CHAIR: January of which year?
PLAYER: 2012.
THE CHAIR: And this is before the program started?
PLAYER: That's correct.
THE CHAIR: And there was no doping control form that you were ever asked to fill after that?
PLAYER: No, I didn’t have another test in 2012.
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CLELLAND: Was there any direction ever given to you... to not tell the doctors or anybody else at the club that you were receiving injections?
PLAYER: No, not at all, and I would have marched Dank down there, believe me.
CLELLAND: Was there ever a direction to you or an agreement between the players not to disclose these injections or supplements if you were ever subject to a doping control test?
PLAYER: No, absolutely not.
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IHLE [for 32 players]: A healthy or boosted immune system would also assist the recovery from the physical rigors of an AFL game, wouldn't it?
PROFESSOR BOYD [Monash Uni, expert witness]: One of the things that happens with athletes is when they're undergoing a high level of intense training, they increase the number of peptides, neural, naturally occurring, some of which are ironically an immunosuppressant. Often in the Olympic villages people are very worried there's going to be an outbreak of a cold because it will spread very quickly.
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Justice for the 34 renews its call for a Senate or Independent inquiry into anti-doping with wide ranging terms of reference which allow all sporting bodies, all athletes, and all interested parties to make representations.
It’s in the national interest.
Support an independent inquiry to sort this mess out.
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