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

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yaco55

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The most interesting part of 'The Ticket' was Howson's admission that Minister Dutton was on WADA's executive Board - 'This raised my eyebrows'. Anyway The Ticket was a well produced view that explored a variety of views from the main players.
 

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kfc1

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The most interesting part of 'The Ticket' was Howson's admission that Minister Dutton was on WADA's executive Board - 'This raised my eyebrows'. Anyway The Ticket was a well produced view that explored a variety of views from the main players.
Certainly fits with the political interference you have been referring to for the past few months.
 

Dan Cooper

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Short summary of who's who and what's what at the tribunal>

http://www.adelaidenow.com.au/sport...155808032?nk=1ab49c0cf43a32d3a763df5ca8e46972

Location : County Court, William Street.

The Judges : David Jones QC (chair, retired judge), John Nixon (retired judge), Wayne Henwood (former Sydney player, barrister).

Standard of Proof : “comfortable satisfaction” that the offence was committed.

Duration : Begins 10am Monday. Continues Thursday & Friday, and then resume January 12. In all, the tribunal is expected to sit for about 3 weeks.

Should ASADA failure to successfully prosecute it will almost certainly bring on a Federal inquiry.
 
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yaco55

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Short summary of who's who and what's what at the tribunal>

http://www.adelaidenow.com.au/sport...155808032?nk=1ab49c0cf43a32d3a763df5ca8e46972

Location : County Court, William Street.

The Judges : David Jones QC (chair, retired judge), John Nixon (retired judge), Wayne Henwood (former Sydney player, barrister).

Standard of Proof : “comfortable satisfaction” that the offence was committed.

Duration : Begins 10am Monday. Continues Thursday & Friday, and then resume January 12. In all, the tribunal is expected to sit for about 3 weeks.


Should ASADA failure to successfully prosecute it will almost certainly bring on a Federal inquiry.
Federal/Polical/Senate Enquiries only occur if the Government of the day has nothing to hide and can inflict political damage on the previous government. I am unsure this is the case.
 

efcboy

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Federal/Polical/Senate Enquiries only occur if the Government of the day has nothing to hide and can inflict political damage on the previous government. I am unsure this is the case.
The key protagonists in the beginning were Gillard, Lundy and Clare. None of them Liberal so wait and see I guess. Andreuska also a Labor woman.
 

TheGreatBarryB

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No chance.......


The burden of proof


The term used is "comfortable satisfaction", which is lower than "beyond reasonable doubt", but significantly higher than the balance of probabilities. ASADA carries the burden in this case because no Essendon player issued with an infraction notice has tested positive for thymosin beta-4. Had positive drug tests been present, it would have been up to the players to effectively prove their innocence. Essentially, ASADA will try to prove the "who, what, where, when and how" of every alleged administration of thymosin beta-4.

http://www.theage.com.au/afl/afl-ne...main-game-about-to-begin-20141214-126xwb.html
 

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TheFrenchCut

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Herald Sun has a story up about Charter speaking to Essendon. This is apparently a shock revelation.

Not entirely sure how. Firstly, we've known for a fair while that Charter wasn't an asada witness, since he was unwilling to sign an affidavit. Secondly, we knew he'd been speaking to both parties since he had been shopping around evidence that could supposedly clear the players.
 

Matthew_Lloyd

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Exclusive: Star witness Charter in talks with Bombers
  • CARLY CRAWFORD
  • HERALD SUN
  • DECEMBER 14, 2014 10:15PM
THE anti-doping watchdog’s star witness has sensationally turned on the agency by holding secret talks with lawyers for the Essendon players.

In a stunning twist, Shane Charter has met Tony Hargreaves to discuss potential weaknesses in the Australian Sports Anti-Doping Authority’s case against the Bombers.

Charter made no apologies, saying: “I am neither ASADA’s witness nor Essendon’s.”

Read more...

http://www.heraldsun.com.au/news/la...lks-with-bombers/story-fni0fee2-1227155930052
 

yaco55

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The key protagonists in the beginning were Gillard, Lundy and Clare. None of them Liberal so wait and see I guess. Andreuska also a Labor woman.
So Sports Minister Dutton getting Justice Downes to review evidence ( which AFAIK has never happened previously ), then McDevitt ( Govt appointee ) comes in and issues Show Cause notices within 3 weeks is not fishy. And Sports Minister Dutton is on WADA's Executive Board - And of course we had the constant interventions from Fahey ( Liberal ) when he was the head of WADA.

I rest my case.
 

The Prosecutor

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I'd like to know what Ogg Cat thinks of this sort of talk ;)
That...

A) How can Hird really be not in the chain of command and have no responsibility at all when the forms they signed prevented them talking to anyone about the program outside of Hird, Reid, Robinson and Dank? Yes, technically Hamilton should've had oversight of Robinson/Dank but the fact is he didn't, Hird did. The bulk of communications quite clearly show that.

B) The attempt from Francis to say the only reason Hird is charged was because of the use of [] is crap. Did Thompson too have his name in brackets? The brackets added or subtracted nothing to the AFL's ultimate finding/sanction. And I have no idea what the hell Downes has to do with it either.
 

yaco55

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Herald Sun has a story up about Charter speaking to Essendon. This is apparently a shock revelation.

Not entirely sure how. Firstly, we've known for a fair while that Charter wasn't an asada witness, since he was unwilling to sign an affidavit. Secondly, we knew he'd been speaking to both parties since he had been shopping around evidence that could supposedly clear the players.
Can only strengthen the players case - The longer this goes on the more discredited Charter's is as a witness.
 

yaco55

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That...

A) How can Hird really be not in the chain of command and have no responsibility at all when the forms they signed prevented them talking to anyone about the program outside of Hird, Reid, Robinson and Dank? Yes, technically Hamilton should've had oversight of Robinson/Dank but the fact is he didn't, Hird did. The bulk of communications quite clearly show that.

B) The attempt from Francis to say the only reason Hird is charged was because of the use of [] is crap. Did Thompson too have his name in brackets? The brackets added or subtracted nothing to the AFL's ultimate finding/sanction. And I have no idea what the hell Downes has to do with it either.
Will say that Francis' theory of a matrix organisation is well argued and articulated in absolving Hird of responsibility. My only concern is that Francis later posts about the potential investment meeting in AOD attended by Evans and Hird . It's disingenous to say Hird had no organisational role and limited role in the provision of the supplement program. when Hird and Evans attended the meeting. Actually this also indicates that the Board had knowledge of the supplement program.
 

The Prosecutor

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Will say that Francis' theory of a matrix organisation is well argued and articulated in absolving Hird of responsibility. My only concern is that Francis later posts about the potential investment meeting in AOD attended by Evans and Hird . It's disingenous to say Hird had no organisational role and limited role in the provision of the supplement program. when Hird and Evans attended the meeting. Actually this also indicates that the Board had knowledge of the supplement program.
From what I've been told, Evans at least certainly did though I'm not sure about other board members.
 

yaco55

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From what I've been told, Evans at least certainly did though I'm not sure about other board members.
Surely if the Footy Department was, 1) massively increasing footy dept expenditure, 2) Implementing a cutting edge sports science program that the Board would be formally notified through their line managers.
 
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ASADA doctor opens up on dealings with Stephen Dank

ONE of Australia’s most respected sports physicians may hold the key to whether 34 current and former Essendon footballers are found guilty of taking a banned peptide during the club’s ill-fated season 2012 supplements regime.

Doctor Peter Fricker, a former director of the Australian Institute of Sport and one of three witnesses ASADA will call to support its case that Essendon footballers were given the banned peptide Thymosin Beta-4, has provided a sworn statement about his dealings with sports scientist Stephen Dank in 2012.

Although the statement relates to discussions the pair had about establishing a clinical trial involving AOD-9604 — a contentious, though not banned peptide at the time it was administered to Essendon players — Dank’s use of a thymosin peptide at Essendon was also canvassed during their first of two meetings in Qatar.

Dank told The Australian that during a meeting in April 2012, Fricker expressed interest in the work Dank was doing at Essendon with Thymomodulin, an immunity-boosting thymosin peptide permitted for use by the World Anti-Doping Agency.

According to Dank, Fricker told him: “It is good to see someone is starting to understand immunology and exercise.’’

Dank’s assertion is supported by David Kenley, the chief executive of Metabolic Pharmaceuticals, an Australian company that has spent 10 years and more that $50 million in developing AOD-9604.

Kenley was not present for Dank’s first meeting with Fricker but accompanied him in November 2012 on a second trip to Qatar, where Fricker was working for ASPETAR, an orthopedic and sports medicine hospital.

Kenley said that prior to their meeting with Fricker, Dank briefed him on what had been discussed in the first meeting. “He talked about a meeting he had with Fricker earlier in the year and he was talking about Thymomodulin,’’ Kenley said.

“Fricker felt that Stephen was really on to something using Thymomodulin as an immune response booster.

“I am absolutely sure it was Thymomodulin. That is something that stuck in my head. I had never heard of Thymosin Beta-4 until this whole thing blew up.’’

The proposed clinical trial involving AOD-9604 was not related to Essendon, Kenley said.

Fricker declined to comment when contacted by The Australian. ASADA has given no indication it intends to lead evidence about the thymosin discussion. Lawyers for the players are aware of Dank’s claims and are considering whether to pursue them in cross examination.

Fricker will provide testimony to an AFL tribunal specially convened to hear the case against the 34 players and Dank, who is accused of more than 30 doping code violations during his work at Essendon and a second AFL club, the Gold Coast Suns.

Fricker was this year appointed by Sports Minister Peter Dutton to the Anti-Doping Rule Violation Panel, which reviews evidence gathered by ASADA before any anti-doping proceedings are formally initiated. Due to his previous dealings with Dank, Fricker did not review the Essendon case.

ASADA is expected to open its high-stakes case today in a closed hearing in Melbourne. An AFL tribunal chaired by retired County Court judge David Jones will sit for three days this week and then adjourn until mid-January.

The ASADA case is that Dank injected Essendon players with Thymosin Beta-4 inside his office at Windy Hill, the club’s old training ground. The injections were administered into the stomachs of players.

The 34 players gave written consent to be administered thymosin. Some of them subsequently recalled to ASADA investigators being injected with thymosin by Dank. The key point of contention in the two-year saga is whether the thymosin peptide administered by Dank was Thymosin Beta-4, as alleged by ASADA, or Thymomodulin, as claimed by Dank. The timing of Dank’s first meeting with Fricker is significant; ASADA alleges that in late May, Dank discovered that Thymosin Beta-4 was banned and began covering up its use at Essendon.

ASADA has excluded from its brief of evidence witness testimony and documents supporting the use of Thymomodulin at Essendon.

Despite conducting more than 300 interviews and inspecting more than 150,000 documents, ASADA has not secured any direct evidence that Essendon players were injected with Thymosin Beta-4. Dank has refused to co-operate with ASADA investigators and will take no part in the AFL hearing.

ASADA’s two most important witnesses throughout the Essendon investigation, drug importer Shane Charter and pharmacist Nima Alavi, have refused to sign sworn statements or testify. ASADA and the AFL last week failed in an application to the Victorian Supreme Court to issue subpoenas to compel the reluctant witnesses to testify.

In addition to Fricker, ASADA will call Sergio Del Vecchio, a former business associate of Charter understood to have been present during a meeting between Charter and Dank when certain peptides were discussed, and University of Sydney endocrinologist David Handelsman.
http://www.theaustralian.com.au/spo...ith-stephen-dank/story-fnca0u4y-1227155904687
 
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