ASADA case against Essendon hanging by a thread (The Age, 1 Nov 14)

[Bunk Moreland]

http://www.theage.com.au/afl/afl-ne...yers-hanging-by-a-thread-20141201-11xqig.html

Exclusive

The anti-doping case against 34 former and current Essendon players is hanging by a thread, with the Australian Sports Anti-Doping Authority set to head to the Supreme Court in a bid to have their two key witnesses provide evidence.

A directions hearing at 8am on Monday in front of the AFL's anti-doping tribunal heard that ASADA could still not yet guarantee disgraced biochemist Shane Charter and compound pharmacist Nima Alavi would appear at the tribunal, scheduled to begin on December 15. The pair has also yet to provide an affidavit of the evidence they gave during interviews with ASADA. However, their transcripts could still be used.

I don't really get all this. If the interview transcripts can be used as evidence, why do they need sworn statements or witness appearances?

 

[Lance Uppercut]

Charter doesn't want to testify.

What a shock.

No affadavit either. I remember the good old days of 6 months ago when Charter and Alavi had "rolled over" and signed affadavits as star witnesses and that meant Essendon players were toast. Remember that?

 

[FuManchu]

Charter doesn't want to testify.

What a shock.

No affadavit either. I remember the good old days of 6 months ago when Charter and Alavi had "rolled over" and signed affadavits as star witnesses and that meant Essendon players were toast. Remember that?

I guess there will be phone calls a plenty with other govt agencies seeing what pressure they can bring to bear.

Would you prefer to know the truth or he doesn't testify which may get the players off the hook?

 

[andrewb]

I guess there will be phone calls a plenty with other govt agencies seeing what pressure they can bring to bear.

Would you prefer to know the truth or he doesn't testify which may get the players off the hook?

I would argue that those two cannot be trusted to tell the truth.

 

[FuManchu]

I would argue that those two cannot be trusted to tell the truth.

Depends on the paperwork or computer files they might be asked to verify.

 

[BigJoeD_]

Interesting ASADA would go to the Supreme Court to get these two to talk, but not Dank

 

[Dave]

Interesting ASADA would go to the Supreme Court to get these two to talk, but not Dank

Yes. Wonder how the "Essendon haven't gone after Dank and are therefor guilty" brigade will spin that.

 

[Sir Hugh Percy]

Charter doesn't want to testify.

What a shock.

No affadavit either. I remember the good old days of 6 months ago when Charter and Alavi had "rolled over" and signed affadavits as star witnesses and that meant Essendon players were toast. Remember that?

Must be a very proud moment to be an Essendon supporter, knowing that the case against you might fall over because witnesses might not testify. Sure, it's not the sheer joy to be had when getting evidence thrown out, but it's something. I've never been more envious of you guys than right now.

 

[Bobby Charlton]

(posted elsewhere but more appropriate here)
ASADA now in panic mode and manufacturing their excuse for failure.
If the Supreme Court decline the ASADA request they can say that the failure of their prosecution was due to circumstances beyond their control, and they can claim they would have won if Charter and Alvi had testified (the Essendon haters here will be able to use the same excuse). Sounds better than withdrawing the case.

 

[andrewb]

Must be a very proud moment to be an Essendon supporter, knowing that the case against you might fall over because witnesses might not testify. Sure, it's not the sheer joy to be had when getting evidence thrown out, but it's something. I've never been more envious of you guys than right now.

The case is falling over because ASADA have s**t.
You guys have been telling us for months that they have more than Alavi and Charter.

 

[Lance Uppercut]

I guess there will be phone calls a plenty with other govt agencies seeing what pressure they can bring to bear.

Would you prefer to know the truth or he doesn't testify which may get the players off the hook?

 

[blackcat]

Charter doesn't want to testify.

What a shock.

No affadavit either. I remember the good old days of 6 months ago when Charter and Alavi had "rolled over" and signed affadavits as star witnesses and that meant Essendon players were toast. Remember that?

dont worry, David Evans has already got a pro forma character evidence for him

 

[Bobby Charlton]

Must be a very proud moment to be an Essendon supporter, knowing that the case against you might fall over because witnesses might not testify. Sure, it's not the sheer joy to be had when getting evidence thrown out, but it's something. I've never been more envious of you guys than right now.

Look on the bright side. If the SC deny the request and the case fails you'll be able to proudly claim that the players only got off on a technicality (even if they would have got off anyway).

 

[FuManchu]

That might be the case. But if he doesn't testify then there is always that lingering doubt.

 

[Lance Uppercut]

Must be a very proud moment to be an Essendon supporter, knowing that the case against you might fall over because witnesses might not testify. Sure, it's not the sheer joy to be had when getting evidence thrown out, but it's something. I've never been more envious of you guys than right now.

must be some kind of case if it's going to fall over because a witness or two don't testify hey!

Don't worry about the fact I've publicly and repeatedly said I want all the evidence tested. Just keep rolling out the hive mind cliches. Oh the joy.

 

[fabulousphil]

I wonder if ASADA drops the case against the 34 players for whatever reason or the case is beaten i wonder if Hird's name will still be tarnished, we all know if you fling enough sh1t some sticks.

This saga has been fought along club lines and no amount of vindication will change peoples opinions, this board is evidence of that.

I am pretty sure many people remain convinced of Lindy Chamberlains guilt, the hysteria surrounding that reminds to a degree of this.

 

[Bunk Moreland]

So do the transcripts of the interviews they gave ASADA (presume they were recorded etc) mean nothing?

 

[Bobby Charlton]

must be some kind of case if it's going to fall over because a witness or two don't testify hey!

No the case can't fall over. It's been made clear many times on this forum that the ASADA case is gold stamped by the 3 greatest lawyers in the world.

 

[vjknight]

This saga has been fought along club lines ........

INCORRECT.

 

[scatman john]

Look on the bright side. If the SC deny the request and the case fails you'll be able to proudly claim that the players only got off on a technicality (even if they would have got off anyway).

Look on the bright side. If the SC deny the request and the case fails you'll be able to proudly claim that the players only got off on a technicality (even if they would have got off anyway).

https://www.google.com.au/url?sa=t&...ncCDLJ3nBs4ajq_w8qdcJ6g&bvm=bv.80642063,d.eXY

 

[Sir Hugh Percy]

The case is falling over because ASADA have s**t.
You guys have been telling us for months that they have more than Alavi and Charter.

It's pretty easy to see that the circumstantial supply chain requires these two to complete it. That's a very different thing though to not having enough evidence. I believe they have a smorgasbord of evidence, but that may not mean too much if they can't complete that supply chain.

The questions to be asked are: Why would Alavi and Charter have testified to ASADA something that led ASADA to believe they had a good case? And, why are they not willing to testify to the same now?

 

[Bennett.]

WADA will still come OTT

 

[Strapping Young Lad]

Interesting ASADA would go to the Supreme Court to get these two to talk, but not Dank

ASADA obviously plan to throw everything at him at once and have him break when it matters most, or just nail his mute ass to the wall. There's no need to talk to him now.

Essendon on the other hand, have been getting poked and fingered for almost 2 years, and the one guy who knows the complete ins and outs of what went down at the club in the period they are being investigated for has been left to just go about his business.

 

[Lavender Bushranger]

I think some perspective needs to be had when reading this.

Firstly, the headline states: "ASADA case against Essendon players hangs by a thread"

Then in the article it states: "The pair has also yet to provide an affidavit of the evidence they gave during interviews with ASADA. However, their transcripts could still be used."

And towards the end, the author states: "ASADA's case would be weakened by the absence of any evidence from Alavi and Charter, meaning the case against the players could potentially fall over."



So, taking the tabloid style headline out of the equation, the article is saying that although these two may not appear in the tribunal, their statements would be used.
And in the opinion of the author, this could weaken the case.



FWIW, I can't see how it would weaken their case at all.

If these guys know something, then surely Essendon call them in to defend them? And if they don't show for Essendon, then doesn't that render their defence useless?

 

[Bobby Charlton]

The questions to be asked are: Why would Alavi and Charter have testified to ASADA something that led ASADA to believe they had a good case? And, why are they not willing to testify to the same now?

Answer: because they are lying crooks acting in their own interests rather than telling the truth?