Whateley appears to be saying that:
1) Claimed fact: Danks enquired in 2012 as to whether AOD-9604 was banned under section S2, without enquiring as to whether it was prohibited under any other section of the code (as AOD-9604 is a peptide, Danks appears to have assumed that it was covered by the section relating to peptides).
2) Claimed fact: ASADA responded that it was not banned under S2.
3) Implied by Whateley: ASADA should have told Danks that AOD-9604 was banned under S0, even though they were not asked about the legality of AOD-9604 under S0.
4) Implied by Whateley: ASADA did not tell Danks, or others, that AOD-9604 was banned under S0 because ASADA officials did not realise this until WADA made the point clear in April 2013.
5) Claimed fact: Under the "best advice that you could get in 2012" (from ASADA), AOD-9604 was not a banned substance.
6) Whateley's conclusion: The Essendon players will not be found guilty because Essendon officials (Danks and perhaps others) were not informed by ASADA that AOD-9604 was banned under S0, even though Danks only asked them about S2.
There are many implications of Whateley's is claiming, but the three that are most striking to me are as follows:
1) If asked about any substance, ASADA must give a comprehensive response about the status of the substance regardless of the specifics of the question asked. If ASADA does not give a comprehensive response, the sportspeople taking the substance are absolved of all responsibilities under the WADA/ASADA code.
2) It is not the responsibility of a sportsperson to know that substances not authorised for use on humans are banned under S0. It is only becomes the responsibility of a sportsperson once WADA and ASADA make that clear to them, and it appears that a general ban is insufficient, the ban has to be made specifically in relation to each and every substance not approved for use on humans.
Even if Whateley is right, given these implications, I can only see Essendon players getting off if they can prove that ASADA officials unambiguously stated, in an official capacity, that AOD-9604 was not a banned substance under the WADA/ASADA code.
From The Age...
But convincing WADA that players found to have taken banned substances should not receive suspensions is likely to be difficult, with the agency's president, John Fahey, last week saying it was up to athletes to ensure any drugs they have taken did not breach rules even if their club had declared them safe. Mr Fahey's comments came after Essendon captain Jobe Watson declared a week ago that he believed he had been injected with banned drug AOD-9604, which he said club officials had assured the players was not illegal.
While any prospect of players escaping bans will please Bomber fans, several prominent club officials, including coaching staff, are likely to be held accountable by the AFL for failing to protect players from a highly experimental program.
In other words, regardless of what the club told the players about any drug it is still the players' responsibility to make sure it is legal. Harsh, but they are the rules.