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

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rumply

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This constant delay is unbelievably frustrating.

This could have been finished today but ASADA just aren't letting up.

The deals won't happen, if they were a thing then surely, by now, ASADA would have given all the evidence it has.

Yep, & if I hear one more of these flogs come out & say how 'incredibly complicated' it all is I will spew.
 

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expires

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Reading through what Mr George Washington brought across from bb, the players did their due diligence and through Thompson, Hird and Reid, the program was circumspect.

Always troubled a little by Hird's united nations text. It seemed to have intent to marginalize Reid. There is nothing else to suggest that Hird was of that frame of mind. And evidence to the opposite.

So reckon we are in that good place. Just have to play tiddlywinks for a while.
 

Dave

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Interesting tidbit from that other site.

http://www.smh.com.au/sport/making-...-sports-through-fair-play-20140527-zrpoo.html

Hans Westerbeek:

"Pseudo-scientists and "doctors" like the frauds servicing Lance Armstrong’s cycling team have greatly damaged the reputation of the majority of well-trained and ethically responsible sport science graduates and medical professionals."


http://www.smh.com.au/sport/leading...supplements-investigation-20140527-zrq2r.html

Samantha Liarane:

"Professor Hans Westerbeek, an expert panellist at an integrity forum attended by some of Australian sport’s most influential figures in Melbourne on Tuesday, highlighted Essendon’s persistence with the ''whatever it takes'' marketing slogan as a significant and damaging mistake.

The dean of Victoria University’s College of Sport and Exercise Science, and AFL Europe board member, Westerbeek concluded that “at a deeper level of culture [at Essendon], club leaders did not feel individually or collectively responsible for their actions”.

In a column published in Fairfax Media, he also referred to “pseudo-scientists and doctors ... serving Essendon” as “frauds”, and said Australian sport was at a “critical tipping point” regarding integrity."


Naughty naughty Samantha.
 

rumply

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Supplements saga set to continue into 2015
http://www.afl.com.au/news/2014-12-01/dons-saga-goes-on

TRIBUNAL hearings into the Essendon supplements scandal will continue into 2015.

A directions hearing held on Monday in Melbourne resolved a number of matters.

"The hearing of the proceedings was confirmed to commence on December 15, 2014, to continue for a number of days prior to Christmas and then resume on January 12, 2015," the AFL said in a statement.

"A suitable venue for the hearing is being finalised."

A ruling on whether the hearings will be open to the media is expected by next Monday 8 December, when another directions hearing will be held.

The AFL Anti-Doping Tribunal is chaired by former county court judge David Jones, another former county court judge John Nixon and barrister and former Swans player Wayne Henwood.
 

rumply

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

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.

Charter, dubbed "Dr Ageless", and Alavi are central to ASADA's circumstantial case that the Essendon players were administered the banned peptide, thymosin beta 4, during the club's controversial supplements program in 2011-12.

It's understood the AFL's anti-doping panel, headed by chairman David Jones, a former County Court judge, agreed on Monday to allow ASADA to seek a subpoena through the Supreme Court. The court will then decide whether it has the power to force Alavi and Charter to appear before the AFL's anti-doping panel, based on ASADA's Act. The anti-doping panel technically does not fall under legal jurisdiction.

Jones could decide that the case must proceed this month, or he could yet agree to an adjournment into the new year - if ASADA sought this. 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.

Charter is alleged to have bought the thymosin beta 4 from a Chinese Biochemical company, GL Biochem and then compounded by Alavi. It was allegedly administered to the Essendon players by sports scientist Stephen Dank.

Lawyers for the 34 players would want to cross-examine Charter and Alavi should they appear before the tribunal.

ASADA has accused Dank of possessing, administering and trafficking in a banned substance. Dank has refused to be interviewed by ASADA but maintains the peptides given to him by Alavi were destroyed by sun light and were not used.

ASADA must prove to a "comfortable satisfaction" that the players were given a banned substance. The majority of the players have already begun provisional suspensions.

The Bombers maintain the players were administered thymomodulin, a permitted thymosin peptide, and not thymosin beta 4.

The AFL's anti-doping tribunal has yet to decide whether the case would be heard in camera or be open to the media.

what a ******* circus

So ASADA heads off to the Supreme Court which ensures yet further delays - the Tribunal should compel them to present their case starting on Dec15 & if they cannot, then do the right thing & end this.
 
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ASADA case against Essendon players hanging by a thread
http://www.theage.com.au/afl/afl-ne...yers-hanging-by-a-thread-20141201-11xqig.html




what a ******* circus

So ASADA heads off to the Supreme Court which ensures yet further delays - the Tribunal should compel them to present their case starting on Dec15 & if they cannot, then do the right thing & end this.
They're a joke time for Asada to put up or shut up.

I know it wont happen but once this has finished the AFL need to **** off Asada or at least review their code.
 
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Stopher

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Interesting tidbit from that other site.

http://www.smh.com.au/sport/making-...-sports-through-fair-play-20140527-zrpoo.html

Hans Westerbeek:

"Pseudo-scientists and "doctors" like the frauds servicing Lance Armstrong’s cycling team have greatly damaged the reputation of the majority of well-trained and ethically responsible sport science graduates and medical professionals."


http://www.smh.com.au/sport/leading...supplements-investigation-20140527-zrq2r.html

Samantha Liarane:

"Professor Hans Westerbeek, an expert panellist at an integrity forum attended by some of Australian sport’s most influential figures in Melbourne on Tuesday, highlighted Essendon’s persistence with the ''whatever it takes'' marketing slogan as a significant and damaging mistake.

The dean of Victoria University’s College of Sport and Exercise Science, and AFL Europe board member, Westerbeek concluded that “at a deeper level of culture [at Essendon], club leaders did not feel individually or collectively responsible for their actions”.

In a column published in Fairfax Media, he also referred to “pseudo-scientists and doctors ... serving Essendon” as “frauds”, and said Australian sport was at a “critical tipping point” regarding integrity."


Naughty naughty Samantha.
Any time I see a quote with the old 'Blah blah blah ..... more blah blah' I switch off and instantly assume the worst. And in this case, I'd be spot on.
 

Duckworth

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




what a ******* circus

So ASADA heads off to the Supreme Court which ensures yet further delays - the Tribunal should compel them to present their case starting on Dec15 & if they cannot, then do the right thing & end this.

How funny would it be if Charters and Alvi gave "I don't recall" statements, when summoned to appear.
 

rumply

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Scooter ‏@ScooterMcNeice 6m6 minutes ago
@ringsau Question is does the Arbitration Act cover an AFL tribunal process thats outside official court(Supreme, Federal etc)

Richard Ings ‏@ringsau 2m2 minutes ago
@ScooterMcNeice It's a good question. This is an ASADA back pocket strategy to be pulled out only if desperate. This is very odd.

roadagain ‏@roadagain65 2m2 minutes ago
@ringsau @ScooterMcNeice so never happened in your day Richard?

Richard Ings ‏@ringsau 41s42 seconds ago
@roadagain65 @ScooterMcNeice We had it as a back pocket play. Like break the glass in case of emergency type thing. We never used it
 
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Smokin

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Caro, news ltd, now peirik in the age again - all setting a tone of an evidence breakdown.

This is how the AFL likes the set the agenda remember, slowly ingrain it in our heads. Get it to the point where people are expecting the players to get off, or not have to front at all.
 

rumply

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ASADA faces collapse of peptide case against Bombers players
http://www.theaustralian.com.au/spo...ca37c6214191fe05e8fcb81e#.VHwD_ly3rqk.twitter

Mr Alavi told The Australian: “I will not be signing the affidavit as I am not compelled to do so.’’

Mr Charter refused to meet yesterday’s deadline set by ASADA to sign a witness statement. “ASADA should have always worked on the premise that the documents should be strong enough to stand on their own. I never agreed to appear or be a witness.’’


NEARLY six months after it accused 34 current and former Essendon footballers of taking a banned peptide, the Australian Sports Anti-Doping Authority cannot produce a witness to substantiate its allegations.

In a dramatic development in its contentious, two-year pursuit of suspected doping at the AFL club, ASADA today told a directions hearing in Melbourne it had not secured the testimony of its two most important witnesses, drug importer Shane Charter and compounding pharmacist Nima Alavi.

Despite conducting numerous interviews with ASADA investigators, both witnesses have so far refused to sign statements provided by anti-doping investigators.

Paul Marsh, a solicitor representing Mr Alavi, has written to ASADA making clear his client’s intention to have no further involvement with the case. Mr Alavi told The Australian: “I will not be signing the affidavit as I am not compelled to do so.’’

Mr Charter refused to meet yesterday’s deadline set by ASADA to sign a witness statement. “ASADA should have always worked on the premise that the documents should be strong enough to stand on their own. I never agreed to appear or be a witness.’’

The Australian understands that Suki Hobson, a conditioning coach who worked at Essendon during the 2012 season, has also declined to sign a statement provided by ASADA.

Dean Robinson, the club’s high performance manager, has not been asked to sign a statement or provide testimony.

With the absence of witnesses placing the high-profile case at risk of collapse, ASADA has flagged its intention to apply to the Victorian Supreme Court for subpoenas to compel Mr Charter and Mr Alavi to appear before the tribunal hearing, which is scheduled to begin on December 15.

Under a provision within the Commercial Abritration Act, a party to an arbitral tribunal hearing can apply to the court to issue a subpoena requiring a person to attend for examination and produce documents. A court order, if granted, would not compel either Mr Charter or Mr Alavi to answer questions. The AFL tribunal does not have the power to administer an oath to a witness.

Mr Charter is currently facing unrelated criminal charges of trafficking and possessing steroids and possessing growth hormone and other schedule four poisons. The charges were laid in July after Mr Charter was arrested at Melbourne’s international airport. Mr Charter has vowed to defend the charges and is due to appear before the Melbourne Magistrate’s Court on Wednesday.

The Supreme Court, before it issues subpoenas against Mr Alavi and Mr Charter, must be satisfied that the AFL anti-doping tribunal, a disciplinary proceeding brought under the AFL’s player rules, is a commercial arbitration. Sports law experts contacted by The Australian said there was no precedent for the Commercial Arbitration Act being used in an anti-doping case.

ASADA’s stated intention to seek an 11th hour, Supreme Court intervention reveals growing concern within the anti-doping body that, without testimony from Mr Alavi and Mr Charter, it does not have a case to run. The failure to present a case would increase pressure on the Abbott Government to establish a broad inquiry into ASADA’s structure and resources and its handling of the supplements saga.

The full bench of the Federal Court is currently deliberating on an appeal by Essendon coach James Hird to have the joint ASADA/AFL investigation into the club declared unlawful.

ASADA’s precarious position also raises doubts about its prospect of running a successful case against Stephen Dank, the sports scientist accused of administering Essendon players with Thymosin Beta 4, a peptide banned by the World Anti-Doping Agency.

Mr Charter, a self-styled anti-ageing consultant, told ASADA that he arranged the importation of a batch of peptides including Thymosin Beta-4 from a Shanghai biochemical supplier in late 2011 and that the raw materials for the peptides was delivered to Mr Alavi’s Toorak pharmacy in January 2012. Mr Charter provided ASADA with documents in support of his claims.

Mr Alavi told ASADA that a batch of Thymosin peptide sourced by Mr Charter from China was delivered to his pharmacy. He compounded the peptide and provided it to Mr Dank for testing. Mr Alavi told ASADA he did not know whether the peptide was Thymosin Beta 4 or another form of Thymosin, such as Thymodulin, and whether it was administered to Essendon players.

If ASADA is unable to produce Mr Charter and Mr Alavi as witnesses, lawyers for the players will ask for the case to be thrown out. Although the AFL tribunal is not a court, procedural fairness requires players charged with doping to be given an opportunity to question their accusers.

Mr Dank is currently charged with more than 30 doping violations relating to his work at Essendon and the Gold Coast Suns and if found guilty, faces a life ban from all sport. The NRL has not initiated a doping case against him for his involvement in administering Cronulla players with two peptides, CJC1295 and GHRP-6, during the 2011 season.

Mr Dank has refused to be interviewed by ASADA and denies giving any professional footballer a banned substance.

The Australian has confirmed that Mr Dank’s persistent claims that he administered Essendon players with Thymomodulin, a permitted immunity booster, and not Thymosin Beta-4, a banned substance used to regenerate muscle and ligament tissue, are supported by Mr Robinson, Mr Dank’s direct manager at Essendon.

Mr Robinson has given multiple interviews to ASADA this year and last year. It is understood that in a March 2013 interview, he told ASADA that the only Thymosin peptide used at Essendon was Thymomodulin. Mr Robinson provided his account before he initiated legal action against Essendon for breach of contract, a dispute that settled earlier this year with a reported, $1 million payout to Mr Robinson.

Mr Robinson returned to Melbourne last week after six weeks overseas. ASADA has not asked him to sign a statement or appear as a witness in the case against the current and former Essendon players. It is understood that Mr Robinson would be willing to appear as a witness for the players if called.
 
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Burzum

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ASADA faces collapse of peptide case against Bombers players
http://www.theaustralian.com.au/spo...ca37c6214191fe05e8fcb81e#.VHwD_ly3rqk.twitter

Mr Alavi told The Australian: “I will not be signing the affidavit as I am not compelled to do so.’’

Mr Charter refused to meet yesterday’s deadline set by ASADA to sign a witness statement. “ASADA should have always worked on the premise that the documents should be strong enough to stand on their own. I never agreed to appear or be a witness.’’
 
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