No Oppo Supporters CAS hands down guilty verdict - Players appealing - Dank shot - no opposition - (cont in pt.2)

[rumply]

http://m.theaustralian.com.au/sport...ed-legal-peptide/story-fnca0u4y-1227130115657

ASADA’s star witness in its doping case against 34 current and former Essendon players claims to have proof that he ordered a permitted form of Thymosin peptide from a Chinese supplier at the start of the supplements saga.

Essendon witness Shane Charter claims he ordered legal peptide

• CHIP LE GRAND
• THE AUSTRALIAN
• NOVEMBER 21, 2014 12:00AM

Essendon’s accused supplier Shane Charter says he supplied a legal form of the peptide. Picture: Mike Keating

ASADA’s star witness in its doping case against 34 current and former Essendon players claims to have proof that he ordered a permitted form of Thymosin peptide from a Chinese supplier at the start of the supplements saga.

Self-styled anti-ageing consultant Shane Charter claims that as well as arranging for the banned peptide Thymosin Beta 4 to be imported from China, he also arranged the shipment of a quantity of Thymosin Alpha 1, a substance permitted under the World Anti-Doping code.

Confirmation of a Chinese source of Thymosin Alpha 1, if credible, would cast further doubt on ASADA’s central allegation: that the Thymosin peptide administered to Essendon players by sports scientist Stephen Dank was Thymosin Beta 4.

Charter says documents kept at the Shanghai premises of Austgrow, a fabric manufacturer Charter used as an office when he travelled to China in November 2011 to talk to biochemical companies about supplying peptides into Australia, will be helpful to the players’ defence.



Lawyers for the players are aware of the claims and are treating them cautiously.

According to ASADA’s brief of evidence reviewed by retired Federal Court judge Garry Downes and the government appointed Anti-Doping Rule Violation Panel, the only Thymosin sourced in China by Charter was Thymosin Beta 4.

The ASADA case is that Thymosin Beta 4 sourced by Charter was compounded by Toorak pharmacist Nima Alavi, provided to Dank and administered to Essendon players. All 34 players accused of doping signed a consent form to be treated with Thymosin at Essendon.

The players’ defence is they were administered with a permitted form of Thymosin.

The Australian last month revealed that Charter discussed two forms of Thymosin with Shanghai-based company GL Biochem in December 2011. In an email exchange between Charter and the biochemical company’s global sales manager Vincent Xu, Thymosin and Thymosin Beta 4 are listed with distinct prices.

Charter says that in his correspondence with GL Biochem and in all his text messages and emails with Dank, Thymosin or THY refers to Thymosin Alpha 1, not Thymosin Beta 4.

The players’ legal team has gathered circumstantial evidence that Thymomodulin, another permitted form of Thymosin, was used at the club during 2012. ASADA believes this evidence was contrived by Dank to conceal his use of Thymosin Beta 4.

Charter was arrested in May by Victoria Police Purana task force detectives on suspicion of drug-related offences. His computers and records were seized.

Charter has since appeared in court charged with trafficking in and possessing steroids and possessing human growth hormone and other Schedule 4 poisons. The criminal case is not related to the anti-doping proceedings.

It remains unclear how ASADA intends to present its case against the players before an AFL tribunal chaired by retired Victorian County Court judge David Jones. The parties will meet for further directions on December 8. A full hearing is provisionally scheduled to start on December 15.

The Australian understands that neither Charter nor Alavi has been asked to testify. ASADA cannot compel either to appear.

Charter has spoken to ASADA several times this week to review his evidence. Theo Magazis, an experienced criminal solicitor representing Charter in his drugs case, has advised him not to testify in the anti-doping proceedings or sign a statement affirming his earlier evidence.

Alavi has been asked to sign a statement by ASADA. He is seeking legal advice.

ASADA may seek to rely on sworn statements, transcripts of interviews and other documents provided by the witnesses, rather than fresh testimony, in its case.

Although strict rules of evidence do not apply at AFL anti-doping hearings, lawyers for the players will urge tribunal chairman Jones to throw out the case unless Charter is called as a witness and subject to cross examination.

The failure of Charter to testify could also affect the case against Dank who is accused of more than 30 breaches of anti-doping laws including trafficking, possessing and administering banned peptides and covering up their use. He has denied giving a banned substance to any Essendon player.

ASADA has baulked at a request by the players to be given all evidence gathered during its 18-month investigation. ASADA told a directions hearing earlier this week that the work involved in meeting such a request would take the rest of the year.

So Charters is "Essendon's witness' now...

 

[Dan Cooper]

no need for a new thread.. real life is stranger than any tin foil predictions right now...

Surprise surprise though.. ASADA looking to delay until January to hear case.. think I said they will try to do that.. interrupt next season to create pressure for players to take deals.. pathetic and predictable..

If they haven't got their case ready by now.. well * me how long do these players have to wait???

Where is the circuit breaker to end this farce?

I get the impression ASADA won't turn up until such time as they are sure they can win a guilty verdict. Both are looking less and less likely to ever eventuate.

 

[mxett]

Thanks guys. As someone else said, it certainly puts a lot of stuff into perspective.

Sure does. I often care for gravely ill kids at work. Some cases are still very hard to deal with even after many years of experience in this field. The strength of the parents is astounding, not sure I'd be that strong. Makes me thank god my 4 are healthy

 

[Dave]

I'm a bloke brought up in the old Anglo-Saxon school where men aren't supposed to cry. Talking about issues where there's a heavy emotional toll generally brings tears. It's why I didn't see my old man cry until I was 15 years old, it's why the only people to ever see me cry since I hit adolescence are my parents and my wife. It's stupid, but it is what it is.

I think that's why a lot of blokes struggle to talk about issues such as this with their mates, but we know our mates understand, have our back, and will be there if ever we call on them.

I sincerely hope your child comes out the other side and you can get some normality back into your life.

Footy, meh. Life comes first.

Sounds very similar to my upbringing mate. The only time I ever saw my old man cry was when our dog died!

cheers.

 

[Pweter]

Sure does. I often care for gravely ill kids at work. Some cases are still very hard to deal with even after many years of experience in this field. The strength of the parents is astounding, not sure I'd be that strong. Makes me thank god my 4 are healthy

You're strong for your kids, you're their rock and they look up to you to make sure things are alright. You crumble behind closed doors or once the kids are sleeping.

 

[Jade]

Uhh ohhh... Jades name has gone sunburnt again... I keep telling that boy to slip, slop, slap...

Again?

How often have I been he-bitch man-slapped?

 

[Jade]

I will tell you all a horrid story and I see parallels between my story and Ryder. Almost exactly 10 years ago my son was in my bedroom. He was 3 years old. My wife was taking iron tablets to help her with the loss of iron that all women go through. Anyway, Iron tablets seem to be very bright in color and my son thought they looked pretty tasty so he ate the rest of the bottle. I found him with a red mouth and looking as happy as s**t. Anyway, Iron tablets when taken in excess, destroy internal organs. He died and I blamed my wife and lost her too.

Holy **** dude. I'm very sorry to hear that.

 

[Pweter]

I'm struggling to comment on this saga. It is like either

• the poorest of scripts for a C grade movie where nothing makes sense and you wonder what the point of it all was
• a brilliant A grade movie script where each twist is more compelling than the last, and the position of good or evil seems to be dramatically changing

Needless to say I spend most of my time shaking my head slowly when reading the latest developments these days.

 

[rumply]

1. That was my first thought as well.

2. http://www.ruleoflaw.org.au/wp-cont...ute-Model-Litigant-Rules-Facts-and-Issues.pdf

"In essence, being a model litigant requires that the Commonwealth and its agencies, as parties to litigation, act with complete propriety, fairly and in accordance with the highest professional standards"

"The obligation to act as a model litigant may require more than merely acting honestly and in accordance with the law and court rules. It also goes beyond the requirement for lawyers to act in accordance with their ethical obligations."

another link worth a read for those interested

http://www.ruleoflaw.org.au/priorities/mlrs/

 

[cymarak]

Maybe we need a light hearted thread. One where we can all predict ever more crazy eventualities and turns of events.

Hird wins his appeal, threatens - unofficially - to have a full crack at the AFL in the courts unless everyone who was involved at the AFL goes.

Gill resigns, Hird takes over as AFL CEO.

AFL constitution rewritten to give the draft pick penalties back to Essendon in the form of additional draft picks. Every year.

Fletcher, whilst still playing, takes over the senior coaching role. Leads the club to an unprecedent 22-0 home-and-away season, followed by dominant victories over North Melbourne, Carlton and Hawthorn in the finals.

Meanwhile, Stephen Dank is hired by Collingwood to help identify supplements to help players suffering long-term side affects from training in Arizona. Dean Robinson accepts a role at The Age, replacing Caroline Wilson as chief footy writer after Caro stepped down due to no longer having any leaks to write about.

Damien Barrett loses his communications specialist job, and ends up writing a 'tell-all' book about the Essendon drugs saga to try to pay the bills. No-one buys it, and it ends up in the $1 bargain bin at bookshops.

 

[Smokin]

alright, now I know this is a leap of logic, but I think it is worthy of consideration. This is reported in News today:

A DISPUTE over access to evidence could delay the start of the Essendon doping hearings until January.
Lawyers for 32 of the 34 former and current Bombers issued with infraction notices want the Australian Sports Anti-Doping Authority to surrender its entire body of evidence before the AFL anti-doping tribunal sits.

ASADA is of the view it should only be required to hand over evidence it will rely on to prosecute its case.

A tentative hearing date of December 15 was set by tribunal chairman David Jones at a directions hearing on Tuesday.

http://www.heraldsun.com.au/sport/a...cess-to-evidence/story-fni5f6kv-1227130037854

What do we make of this?

I'll tell you what it makes me think of. It makes me think of the fact that ASADA have previously omitted evidence that is favourable to the EFC players. Now, I can't quite recall if that was entirely due to AFL interference or whether that was something ASADA did off their own bat as well.

But I ask myself what does this mean? And I would be open to other interpretations. But it strikes me that ASADA may well be wanting to hold back evidence that assists the defence. Now, they may well be within their rights to do that, or more accurately, normal prosecution teams might. But as a "model litigant" (LOL) if that is the case it stinks. Real bad.

Not a leap of logic at all - it is pretty much Hird's stance isn't it that the evidence is dodgey - his whole testimony was omitted FFS!

Ive heard the club is absolutely beside itself and fuming at parts of it - stuff like sms 'chains' being not chains at all - text messages days apart re different topics have been conveniently put together as 'evidence' and much much more.

 

[Harlequin]

Ok so another radio down.
Walked into my room and the radio is on KB and Denham discussing EFC should not be playing Anzac Day with a team comprising 20 VFL players.
FFS LET IT GO.

I have to doubt the veracity of his shows pre ASADA as really he has nothing else to talk about

 

[Dan Cooper]

For the first time in a long time I think we can beat this bum rap.

 

[Matthew_Lloyd]

KB was also adamant we wouldn't play finals this year. Guy is a troll, or just a complete moron, or both

 

[Doss]

KB was also adamant we wouldn't play finals this year. Guy is a troll, or just a complete moron, or both

The former. Should never be taken seriously. Ever.

 

[Jade]

The former. Should never be taken seriously. Ever.

I actually genuinely think he is short a few marbles - a genuinely unintelligent bloke.

 

[Harlequin]

KB was also adamant we wouldn't play finals this year. Guy is a troll, or just a complete moron, or both

And his comment that it's farcical that Fletch and Jobe are playing in the International Rules.
Really maybe that's why they are playing so that the WA crowd go to boo them. Might mean that they get a few more

 

[boncer34]

Tried to read the HTB. Went to reply to the people who believe its ok to exclude evidence as long as that evidence would weaken your case and decided not to waste my time.

In what universe should a case be prosecuted on evidence that is cherry picked? I could make Beerfish look like a good bloke if I cherry picked evidence to, doesn't change that he's a campaigner.

If the case is weak because of evidence they have found then their case is weak. Plain and simple. Sticking your fingers in your ears and screaming "La la la la" doesn't make the evidence that doesn't help you any less relevant.

 

[Beerfish]

Tried to read the HTB. Went to reply to the people who believe its ok to exclude evidence as long as that evidence would weaken your case and decided not to waste my time.

In what universe should a case be prosecuted on evidence that is cherry picked? I could make Beerfish look like a good bloke if I cherry picked evidence to, doesn't change that he's a campaigner.

If the case is weak because of evidence they have found then their case is weak. Plain and simple. Sticking your fingers in your ears and screaming "La la la la" doesn't make the evidence that doesn't help you any less relevant.

La la la la la

 

[Pweter]

If the case is weak because of evidence they have found then their case is weak. Plain and simple. Sticking your fingers in your ears and screaming "La la la la" doesn't make the evidence that doesn't help you any less relevant.

Could you go as far as to say this is denial of justice?

 

[Aussie Assault]

Hird wins his appeal, threatens - unofficially - to have a full crack at the AFL in the courts unless everyone who was involved at the AFL goes.

Gill resigns, Hird takes over as AFL CEO.

AFL constitution rewritten to give the draft pick penalties back to Essendon in the form of additional draft picks. Every year.

Fletcher, whilst still playing, takes over the senior coaching role. Leads the club to an unprecedent 22-0 home-and-away season, followed by dominant victories over North Melbourne, Carlton and Hawthorn in the finals.

Meanwhile, Stephen Dank is hired by Collingwood to help identify supplements to help players suffering long-term side affects from training in Arizona. Dean Robinson accepts a role at The Age, replacing Caroline Wilson as chief footy writer after Caro stepped down due to no longer having any leaks to write about.

Damien Barrett loses his communications specialist job, and ends up writing a 'tell-all' book about the Essendon drugs saga to try to pay the bills. No-one buys it, and it ends up in the $1 bargain bin at bookshops.

Your story was believable up until the point of Carlton making finals.

 

[cymarak]

Tried to read the HTB. Went to reply to the people who believe its ok to exclude evidence as long as that evidence would weaken your case and decided not to waste my time.

In what universe should a case be prosecuted on evidence that is cherry picked? I could make Beerfish look like a good bloke if I cherry picked evidence to, doesn't change that he's a campaigner.

If the case is weak because of evidence they have found then their case is weak. Plain and simple. Sticking your fingers in your ears and screaming "La la la la" doesn't make the evidence that doesn't help you any less relevant.

Maybe this comes down to the 'model litigant' concept ?

In a trial, you can't expect the defence to include evidence that hurts it in its case, so the same would normally apply for the prosecution - both sides have the responsibility to try as hard as possible to win.

But perhaps in a model litigant universe, ASADA would be expected - but maybe not legally required - to take a higher-minded view of things ?

 

[cymarak]

Your story was believable up until the point of Carlton making finals.

I wasn't aiming for 'believable'

 

[abers47]

Ok so another radio down.
Walked into my room and the radio is on KB and Denham discussing EFC should not be playing Anzac Day with a team comprising 20 VFL players.
FFS LET IT GO.

I have to doubt the veracity of his shows pre ASADA as really he has nothing else to talk about

I was amazed when I heard this - talk about guilty until proven innocent!!!! I turned off then, but am sure there were lots of opinions that we shouldn't play!!

 

[Dave]

Tried to read the HTB. Went to reply to the people who believe its ok to exclude evidence as long as that evidence would weaken your case and decided not to waste my time.

Meh, it's friday. Wind 'em up good.