dougyboy
Team Captain
- Feb 8, 2013
- 461
- 565
- AFL Club
- Essendon
If you accept that the stuff imported from China was TB4 and Charter obtained it at Dank's request, how does it follow that players would be banned?
It could have been for Dank's non EFC business. It could have been destroyed by exposure to light, as Dank claimed. Lots of "could haves", but no known "definites".
There was only a small amount imported in this known shipment. If the players' consent forms and interview evidence is to be used against them, then you would need to verify the source of a lot more TB4 than this. If there is no such evidence, you are left with an unknown source of supply for the lion's share of the ASADA claimed TB4, or defence claimed Thymomodulin. Both equally unknown, and equally possible. There is no "comfortable satisfaction" in the ASADA claim that a large amount of TB4 from unknown sources was used, in the same way that there is no comfortable satisfaction in the defence claim that a large amount of Thymomodulin from unknown sources was used. Neither can be established.
But.....
THERE IS NO REQUIREMENT FOR THE PLAYERS TO "PROVE" THYMOMODULIN USE, OR WHERE IT CAME FROM.
THERE IS A REQUIREMENT FOR ASADA TO "PROVE" TB4 USE AND WHERE IT CAME FROM.
If ASADA can establish that the imported amount from China was TB4, and somehow convince the tribunal that it was for Essendon players, and that it got to Essendon, and was used on players (a big gap in the story, where ASADA seem to be relying on the tribunal accepting their convenient guess that this is what happened), then they have to decide which players got the small amount they can verify.
It is not sufficient to have the tribunal fill gaping holes in the trail with assumptions, where there is no evidence (eg the lion's share of the amount of the claimed TB4).
At least, that is what I would interpret as a reasonable application of the burden of proof that is "comfortable satisfaction".
We don't have to "prove" thymomodulin use and source etc for the charges to fail.
And further If I was to say "that TB4 that dank had, I bought off him from cash i got from a garage sale I had" What would ADADA'S case be then?
My point is the need documentation that leads to the players body