SUSPECTED ASADA CASE & EFC DEFENCE

[Bruce Francis]

As the media appears to be only interested in the ramifications of a conviction, I thought I would try and guess what has happened at the tribunal and guess what EFC's defence would be. It is extremely long - 46 A4 pages. Obviously, it would be impossible to post comments to this post so I have created a second tpoic called responses to Suspected ASADA Case and EFC defence

PREAMBLE:

• I know nothing about the law;

• I am unaware of what evidence ASADA has presented to the tribunal hearing;

• Nima Alavi’s ASADA interview notwithstanding, newspaper reports suggest no new evidence or smoking gun has been unearthed since ASADA’s Interim Report was tabled on 3 August 2013;

• I have assumed the vast majority of the evidence submitted by ASADA at the tribunal hearing has been taken from the Interim Report;

• I have read the Interim Report many times and have dissected it in a number of different ways – Dank references; Charter references; Hird references; Thompson references; AFL references; Thymosin, Thymomodulin and Thymosin Beta-4 references; AOD-9604 references, human resource and OH&S references, etcetera;

• I have spent approximately 40 hours questioning Stephen Dank;

• I have broken the ‘evidence’ into two types – alleged circumstantial and alleged direct.

METHODOLOGY:

I did a word search on Dank, and Thymosin and Thymosin Beta-4, and then did a cut and paste to produce a ‘Dank / Thymosin / Thymosin Deta-4’ document. This reduced the original report of 430+ pages to 362 pages. There were 1179 references to Dank in the new document. I then did a conservative edit of that document from an ASADA tribunal hearing perspective. In so doing, I deleted scores of pages of text about issues such as AOD-9604 which are not relevant to this case. As it is crucial to refute every point made by ASADA, I have been careful not to delete the potentially explosive points.

SUMMARY:

Although I believe I have a plausible explanation for virtually every piece of alleged circumstantial evidence, I don’t think the circumstantial evidence is relevant.

If ASADA cannot prove Alavi or anyone else supplied Dank / Essendon with Thymosin Beta-4, I assume there is no case. It would not matter if Dank believed Thymosin Beta-4 was the best substance since penicillin, and it would not matter if he even thought he had administered Thymosin Beta-4. If there is no proof Thymosin Beta-4 was supplied to Dank / Essendon, it is impossible for Dank, or anyone else, including ASADA and the three tribunal members, to know what substance was in the syringes.

It doesn’t matter what Alavi told ASADA because presumably The Australian newspaper’s, Chip Le Grand, will appear as a witness and refute it. Alavi told Le Grand that:

• He received a delivery from China on 28 December 2011;

• Inter alia, the delivery contained a parcel labelled Thymosin;

• He did not have the substance (raw material) tested;

• He did not know whether the substance was Thymomodulin, Thymosin Beta-4 or an unknown substance;

• He did not trust anything sent from China. David Kenley made a similar comment.

In addition to Alavi’s comments, on 1 December 2011 (page 179), Mr Vince Xu, Global Sales Manager for GL Biochem Ltd, the Chinese supplier of the raw material to Alavi, quoted Charter on the cost of both Thymosin and Thymosin Beta-4. Xu clearly saw Thymosin and Thymosin Beta-4 as separate products. As Xu labelled the raw material he sent Alavi “Thymosin” it is extremely improbable he made a mistake and meant to label it Thymosin Beta-4.

Six players admitted to being administered Thymosin. One, Jobe Watson, said he was administered Thymomodulin, but ASADA deliberately omitted his evidence from the Interim Report. Six players said that they may have been administered Thymosin. As 34 players have been charged, responses to the Thymosin question during the investigation are obviously irrelevant. Inexplicably, ASADA is relying on something else to prove 34 players were administered Thymosin Beta-4.

As 34 players admitted to taking amino acids [plural], it appears ASADA is claiming the amino acids included Thymosin Beta-4. ASADA’s claim: “During the course of the 2012 season, players were liberally administered ‘amino acids’ [plural], and ‘amino acid blend’ and other unspecified substances” negates any chance of proving individual players were administered Thymosin Beta-4. It’s impossible to determine whether a player was given amino acid ‘A’ or ‘B’ or ‘C’ or ‘X’ or ‘Y’ or Thymosin Beta-4 or any combination of the foregoing. The administering of substances was not universal. Some players could have been administered amino acid ‘A’ and some amino acid ‘B’ and some ‘A’ and ‘X’. Hypothetically, if one of the substances was Thymosin Beta-4, it would be impossible to ascertain who received it and who didn’t.

In 2004, the Court of Arbitration for Sport, Arbitrator, Mr Malcolm Holmes QC, ruled that cyclist Mark French had committed a total of eight breaches of the Australian Sports Commission and Cycling Australia’s anti-doping policies, and as a result was banned for a period of two years and fined $1,000. French appealed against the CAS ruling. Although French admitted to taking a product that contained a banned substance the Appeal Panel threw out all of Holmes’s findings. The ban was lifted and the $1000 fine was rescinded. Surprisingly, Holmes is prosecuting the case for ASADA despite the belief that the Essendon case is substantially weaker, if not non-existent contrasted to the case against French.

In 1995, in the case of USA Shooting & Q / International Shooting Union, the Court of Arbitration for Sport said: “The fight against doping is arduous, and it may require strict rules. But the rule-makers and the rule appliers must begin by being strict themselves. Inexplicably, ASADA has broken more rules than the CIA, AFL and rugby coaches break in a year. ASADA has changed a witnesse’s evidence; fabricated player responses; omitted evidence which would have destroy its case; acted in an underhanded way; and, repeatedly testified in its own investigation.

ALLEGED CIRCUMSTANTIAL EVIDENCE

2 August 2011: Dank forwarded a text message to Robinson stating:

Hi mate. Just in consult for a shoulder reconstruction. This case will be of interest to you. We are utilizing Thymosin post surgically for one shoulder but prophylactically for the other. Thymosin is so effective in soft tissue maintenance.

My Comment:

• This had nothing to do with Essendon. Robinson didn’t start at Essendon until 25 August 2011 and Dank started on 4 November 2011;

• This text message was not included in the ASADA Interim Report, which begs the question, where did the AFL obtain it?

• Dank believes this text was acquired illegally from sealed documents held by the Australian Crime Commission;

• This is irrelevant with respect to proving Thymosin Beta-4 was used at Essendon.

23 August 2011: Dank sent Robinson a reminder by SMS:

‘Don’t forget how important Thymosin is. This is going to be our vital cornerstone next year. It is the ultimate assembly regulatory protein and biological modifier.

ASADA then stated Thymosin Beta 4 is a WADA prohibited S2 Category peptide. At the time Dank sent the SMS, Robinson had been selected for the role of High Performance Coach at Essendon Football Club.

My Comment:

• I have no idea whether “the ultimate assembly regulatory protein and biological modifier” refers to Thymosin Beta-4 or Thymomodulin. However, it should be irrelevant. There is no evidence Dank was referring to Essendon. There is no proof this text message had anything to do with Essendon. Robinson hadn’t started at Essendon. Dank was flown to Melbourne on 28 September 2011 for an interview with Essendon as a sports scientist. It is impossible to prove that Dank thought he would be working at Essendon when this comment was made. Robinson claims that Hird said he had worked with a ‘biochemist’ during his career and wanted someone of that ilk. Dank readily met that criterion; although Robinson said he originally suggested another sports scientist for the role, which means Dank could not have known he would be working at Essendon;

• Dank had other clients. Robinson had other clients. It’s impossible to prove they didn’t have other joint clients who they intended giving “the ultimate assembly regulatory protein and biological modifier”;

• There was no reason for ASADA referring to Thymosin Beta-4 and not the other varieties of Thymosin which weren’t banned. This is evidence of ASADA’s bias.

• ASADA’s bias is also reflected in the comment that Robinson had been selected for the role of High Performance Coach. An unbiased investigator would also have mentioned that Dank hadn’t even been interviewed for a job at Essendon at this stage.

• It is crucial to determine the source of this, and every other text, to ascertain that it wasn’t illegally obtained from the Australian Crime Commission.

4 October 2011: Dank sent Robinson an SMS advising that ‘peptides didn’t make the WADA list for next year’. Robinson replied advising Dank to ‘check out [WADA Code] section SO [as] it may fall there.’ Dank then sent the following SMSs:

‘I have a little grey. But CJC-1295 probably doesn’t.’ GHRP-6 doesn’t fall under that, Thymosin and GPLC doesn’t. Robinson suggested to Dank that they ‘call them amino acids or something? Or something of that kind?’

Dank replied, ‘Yes that is all they are. An amino acid blend.’

During the course of the 2012 season, players were liberally administered ‘amino acids’, and ‘amino acid blend’ and other unspecified substances.
CJC-1295 and GHRP-6 are WADA prohibited S2 Category peptides (as from 2004).

My Comment:

• This is extremely important. Six players admitted to being administered Thymosin. One, Jobe Watson, said he was administered Thymomodulin, but ASADA deliberately omitted his evidence from the Interim Report. Six players said that they may have been administered Thymosin. As 34 players have been charged, responses to the Thymosin question are obviously irrelevant. ASADA is relying on something else to prove 34 players were administered Thymosin Beta-4.

• As 34 players admitted to taking amino acids, it appears ASADA is claiming the amino acids [plural] included Thymosin Beta-4. ASADA’s claim: “During the course of the 2012 season, players were liberally administered ‘amino acids’, and ‘amino acid blend’ and other unspecified substances” negates any chance of proving individual players were administered Thymosin Beta-4. It’s impossible to determine whether a player was given amino acid ‘A’ or ‘B’ or ‘C’ or ‘X’ or ‘Y’ or Thymosin Beta-4, or any combination of the foregoing. The administering of substances was not universal. Some players could have been administered amino acid ‘A’ and some amino acid ‘B’ and some could have been administered a combination of ‘A’ and ‘X’. It would be impossible to know. Hypothetically, if one of the substances was Thymosin Beta-4, it would be impossible to ascertain who received it.

• In stating “during the course of the 2012 season, players were liberally administered ‘amino acids’”, ASADA is adamant there were at least two amino acids. Proving who received what is impossible.

16 November 2011: Dank commenced private blood testing of players without the knowledge of club doctors using an external NSW based testing facility.

My Comment:

• This doesn’t throw any light on whether 34 players were administered Thymosin Beta-4. No player tested positive to Thymosin Beta-4 during any of the 315 independent tests conducted in New South Wales;

• There is no evidence Dank was testing for the presence of Thymosin Beta-4;

• No player tested positive to a normal AFL / ASADA test;

• No player tested positive to secret tests conducted by the AFL / ASADA and analysed in Germany.

26 November 2011: Charter travelled to China on behalf of Dank to procure the raw materials for GHRP-6, CJC-1295 and IGF1-LR3.

My Comment:

• There is no evidence Charter travelled to China on behalf of Dank;

• There is no evidence Dank ordered these three substances;

• The Australian newspaper’s Chip Le Grand reported that the Chinese supplier Vincent Xu told him that he gave Charter samples of the three products. There is no evidence Xu filled an order from Charter;

• There is no evidence Charter gave the samples to anyone.

30 November 2011: Dank coordinated private blood testing of players without the knowledge of club Doctors again using an external NSW based testing facility.

My Comment:

• This doesn’t throw any light on whether 34 players were administered Thymosin Beta-4. No player tested positive to Thymosin Beta-4.

• There is no evidence Dank was testing for the presence of Thymosin Beta-4.

2 December 2011: Charter returned to Melbourne with the raw material for the peptides GHRP-6, CJC-1295, Thymosin Beta-4 and IGF1-LR3 – all of which were declared by him at Customs. Charter states that he provided the substances to Alavi who subsequently compounded them for supply to Dank.

My Comment:

• There is no evidence Charter returned to Melbourne with the raw materials for the four substances;

• There is no evidence the four substances were declared by Charter to customs. ASADA, the investigator, has swopped roles and is testifying, which indicates its bias;

• There is no evidence Charter paid the Chinese supplier, Vincent Xu;

• Chip Le Grand reported that Xu told him he only gave Charter samples;

• Xu didn’t say he gave Charter a sample of Thymosin Beta-4;

• There is no evidence Charter provided the substances to Alavi;

• There is no evidence Alavi compounded any of the four substances;

• There is no evidence Alavi gave Dank any of the four substances;

• It is an outrageous lie for ASADA to state that [Alavi] “who subsequently compounded them for supply to Dank”. ASADA, the investigator, is testifying.

December 2011: Charter ordered (via email) from China on behalf of Dank, the WADA prohibited, S2 Category peptides: GHRP-2, GHRP-6; CJC-1295; Hexarelin, Thymosin Beta 4 and Mechano Growth Factor. The peptides were subsequently couriered to Pharmacist Nima Alavi for compounding at the Como Compounding Pharmacy.

My Comment:

There is no evidence Dank requested Charter to order the above for him

28 December 2011: The peptide material order [made on 8 December 2011] from China is delivered to Alavi at his Como Compounding Pharmacy. On 11 January 2012: Charter sent Dank an SMS querying ‘which peptides do you need next?’ Dank replied Thymosin Beta 4 and CJC-1295.’

My Comment:

• ASADA has produced SMSs and emails from Dank for almost everything bar a request to go to the toilet. It is extraordinary, and unacceptable, that ASADA has not produced an SMS or email as evidence that Dank replied “Thymosin Beta-4. As it stands ASADA is testifying;

• Dank had other clients at his Aging Clinics. There is no evidence Thymosin Beta-4 was to be used by Dank on the Essendon players.

12 January 2012: Charter sent an email to Dank and Alavi seeking Dank’s concurrence with the protocols for preparation, administration and storage of Thymosin Beta 4. Dank sent Charter an SMS seeking 20 vials of Thymosin compounded at 5ml per vial. Charter sent Alavi an SMS stating, ‘Hi Mate. Thymosin – 20 x 5 ml vial. Steve’s request’.

My Comment:

• ASADA has produced SMSs and emails from Charter for almost everything bar Dank ordering anything from him and bar Charter requesting permission to go to the toilet. It is extraordinary, and unacceptable, that ASADA has not produced an SMS or email as evidence from Charter seeking Dank and Alavi’s concurrence with the protocols for preparation, administration and storage of Thymosin Beta 4. As it stands ASADA is testifying;

• On 11 January 2012, ASADA claims Dank said he wanted Thymosin Beta-4. On 12 January 2012, Dank used the term Thymosin and not Thymosin Beta-4. There is no way of ascertaining whether Dank made an inadvertent mistake on 11 January, and there is no way of knowing what he meant on 12 January. However, as Dank is quoted using the term Thymosin 18 times in the interim report and Thymosin Beta-4 three times, the circumstantial evidence suggests Dank made a clear distinction between Thymosin and Thymosin Beta-4.

• On page 208 of the interim report, ASADA said it “has established that the ‘Amino Acids’ reportedly injected into 34 Essendon players by Dr Hooper was sourced from a patient who for privacy reasons will be described as Patient ‘A’. In turn, Patient ‘A’ had sourced the supplement from Mexico. This comment was factually incorrect and caused a media furore and caused enormous damage to the players. If ASADA is allowed to make an inadvertent mistake, Dank should also be given the benefit of the doubt for inadvertently saying Thymosin Beta-4 when he says he meant to say Thymosin.

• In late 2014, Prime Minister Abbott inadvertently welcomed the President of Tasmania when he meant to welcome the president of China. In a similar vein, Deputy Opposition leader Tanya Plibersek on separate occasions referred to Africa as a country.

15 January 2012: Charter contacted Alavi via SMS stating, ‘Hi Mate. Thymosin – 20 x 5 ml vial Steve request. Do you know when it will be ready’. In reply Alavi stated ‘Should be ready today sometime’.

My Comment:

There is no evidence that when Charter said “Thymosin” that Dank was requesting Thymosin Beta-4.

16 January 2012: Alavi advised Charter via SMS that he had ‘a few problems with the Thymosin’. Charter then replied to Alavi that he had ‘contacted the manufacturer to get some ideas. Try the CJC that is the next one he needs’.

My Comment:

• Thymomodulin requires compounding. Thymosin Beta-4 doesn’t require compounding. It only requires an ampoule to be added to it. The fact that Alavi compounded it suggests the Thymosin was Thymomodulin not Thymosin Beta-4;

• Xu quoted (1 December 2011 – page 179) Charter the price of both Thymosin and Beta-4, which clearly indicates Xu recognised Thymosin as a different substance from Thymosin Beta-4;

• Alavi, Charter and Dank all referred to the substance as Thymosin, but without any evidence, ASADA is asking us to believe they all meant to say Thymosin Beta-4.
 
18 January 2012 Essendon was billed by Alavi for 7 vials of Hexarelin and 26 vials of ‘peptide Thymosin’ (at a combined cost of $9860) purportedly delivered (to Dank) on 18 January 2012.

My Comment:

• There is no evidence peptide Thymosin was Thymosin Beta-4;

• Alavi told Chip Le Grand:

 He received a delivery from China on 28 December 2011. The parcel contained a package labelled Thymosin;

 He did not have the Thymosin tested;

 He did not know whether the substance was Thymomodulin; Thymosin Beta-4; or an unknown substance;

 He would never trust anything sent from China

31 January 2012 Como Pharmacy sent Essendon FC an invoice for various substances including ‘Hexarelin’ and ‘Peptide Thymosin’. The invoice recorded that on 10 January 2012 Essendon was supplied 14 vials of Hexarelin with a further 7 vials supplied on 18 January 2012 in conjunction with 26 vials of ‘Peptide Thymosin’ believed to be Thymosin Beta-4. However, on a subsequent invoice dated 29 February 2012, both the Hexarelin and ‘Peptide Thymosin’ costs were re-credited to the Club and did not form part of the final amount ultimately paid by Essendon, under the authority of Hamilton sometime after 11 April 2012.

My Comment:

• It is outrageous for ASADA to state “believed to be Thymosin Beta-4”. Alavi supplied it and he didn’t believe it was Thymosin Beta-4. He had no idea what it was. Once again ASADA, the investigator, is showing its bias and is testifying.

• In the business world, re-credited means the goods were either faulty or they weren’t supplied. ASADA has not produced any evidence to prove this was not a legitimate reversal;

• There is no evidence Thymosin Beta-4 was supplied to the club;

• Not surprisingly, there is no evidence Essendon paid for Thymosin Beta-4;

• There is no evidence that Alavi gave Essendon Thymosin Beta-4 as part of a sponsorship deal.

8 February 2012: Players attended the meeting at the EFC Auditorium. The meeting was addressed by Dank and Robinson and related to the new supplement protocols: • AOD-9604 • Thymosin; • Colostrum; and • Tribulus

My Comment:

There is no evidence that Thymosin was Thymosin Beta-4.

8 – 13 February 2012 The vast majority of Essendon players (38) signed Patient Information/Informed Consent forms relating to AOD-9604, Thymosin, Colostrum and Tribulus. In signing the Patient Information/Informed Consent forms, the players agreed to 1 Thymosin injection once a week for six weeks and then 1 injection per month. Thymosin Beta-4 is a WADA prohibited S2 category substance

My Comment:

• There is no evidence Thymosin was Thymosin Beta-4;

• Robinson drew up the schedule. There is no evidence that this was the schedule that was allegedly used by Dank.

9 March 2012: Dank sent Hird an SMS advising that he would start intravenous treatments ‘next week, and Thymosin’ and that they could expect ‘to see some real effects’.

My Comment:

There is no evidence Dank was referring to Thymosin Beta-4

21 April 2012: Dank sent Dr Spano an SMS advising him that Dr Hooper would be administering injections of Cerebrolysin and an amino acid mix to the players. On 22 April 2012, the players underwent a range of treatments at HyperMed. Treatment included injections of ‘Cerebrolysin’ and ‘amino acid’. Patient files maintained by HyperMED record 32 Cerebrolysin injections and 112 ‘amino acid’ injections being administered to the playing group. All injections were administered by Chiropractor, Dr Malcolm Hooper. ASADA has established that the ‘Amino Acids’ reportedly injected into 34 Essendon players by Dr Hooper was sourced from a patient who for privacy reasons will be described as Patient ‘A’. Patient ‘A’ had purchased it over-the-counter from a Mexican chemist. Patient ‘A’ suffers from a form of muscular dystrophy. In addition to the treatments provided by Dr Hooper, Patient ‘A’ has also pursued experimental supplement treatments in Italy and Mexico. Patient ‘A’ treatment regime consisted of the subcutaneous injection of unspecified Amino Acids, Cerebrolysin, SARM-22 and AOD-9604. Patient ‘A’ provided that Dr Robin Willcourt is the medical practitioner from whom he obtains the necessary scripts for his treatment regime. Additionally, Patient ‘A’ used the services of Mr Alavi’s Como Compounding Pharmacy to fill Dr Willcourt’s scripts. In respect of his Amino Acid treatment, Patient ‘A’ revealed that he had personally brought two large (500 ml) vials of Amino Acid over-the-counter at a local chemist in the Mexican town of El-Paso without a prescription. Patient ‘A’ states that he had loaned the amino acid to Dr Hooper on the understanding that Dr Hooper intended to show them to the Essendon Football Club. Patient ‘A’ claimed that it was never his understanding that the amino acid would be administered to any other person. At the time of interview, Patient ‘A’ believed that Dr Hooper was still in possession of the amino acid. Patient ‘A’ told ASADA that although the amino acid purportedly assisted his DNA to repair, he could not understand why it would be given to any athlete as it would have no benefit. Given the history of the amino acid administered to the players, Dr Hooper’s evidence on this issue warrants comprehensive recital:

ASADA: All right. Well, where did the amino acid come from?

Hooper: The amino acid came from a patient [Patient ‘A’] who had been overseas, who does a lot of stem cell work overseas, and he has quite a complex neurological disability, a bit like – well, it’s muscular dystrophy. And he brings in different amino acid based products, which he requires for himself to be injected, and this happened to be one of those products …he had a couple of bottles that he had, and one of the bottles had been made available specifically to assist him … Probably; maybe 500ml … the lid would have been a capped lid at the time, and which is removable, of course. So what you have got left is a rubberised penetration for the draw-up needle

ASADA: Right. And do you know where your patient sourced that …

Hooper: I think it was sourced out of Mexico, but then again he has had product out of – through Italy, the US. So he’s – it depends on which stem cell facility he’s attending.

ASADA: Now, what did you understand the container to have in it?

Hooper: Amino Acid – amino acid and vitamin - So it has a list down on the side; it has a list on it … The label says that it is a multi-– it’s a multi-vitamin amino acid, and content.

ASADA: Why would you need to import that from Mexico? Why couldn’t you just go and buy it at any supplement shop

Hooper: As – well, more than likely, yes, I mean, that would have been the ideal to do that, definitely. So it probably has to be compounded - this particular product – I don’t know whether it’s commercially available here in Australia, but that would be, you know – would certainly be a product that would need to be compounded.

ASADA: How were you able to vouch for the integrity of that particular product?

Hooper: Well, I couldn’t, other than just what I – was read on the label. It was brought in through customs, so I …

ASADA: Well, when you say it was brought in through customs, what do

Hooper: Well, when [Patient ‘A’] has brought the product back in there’s – well, there weren’t alarm bells or [customs] dogs or something else. I would naturally just presume that what the product was – was exactly what it is.

ASADA: Right. Now, was it Steve who asked for the injections, or did you offer the injections? How did that – come into play?

Hooper: The amino acid was – Steve asked me what other products we will be using on patients. I said, “Look, the only products that I’ve got, “apart from him asking about the Cerebrolysin, was the amino acid.” So Steve – from memory I gave [Mr Dank] a container of the 500ml. So I did have a spare container. So he has got that container and so my understanding was that they liked Cerebrolysin, as I stated earlier; were sourcing their own product and doing what – doing whatever they were doing. Because the window of my utilising it, as you will see, came to a stop.

ASADA: When did [Patient ‘A’] bring you the product? So I assume at one junction you’ve had two containers of the amino acids… Was it more extensive than that? Was he bringing over stuff to you when he would go to Mexico?

Hooper: No, no, he had – he had probably about two years ago, I would think. So it – over the time period of – over the time period there would have been two containers .. that two-year – I couldn’t tell you exactly when it was, but it was certainly not six months or 12 months; it was longer than that. So we basically had it sitting in storage.

ASADA: And did you pay for those with [Patient ‘A’], or did he give them to you?

Hooper: I can’t recall exactly with the amino acid. It may have been something that was just worked out in contra with [Patient ‘As’] a patient that I – because he has a lot of complex problems I’ve sponsored and assisted him. There has been a lot of supportive treatment that we’ve done. His business has gone through equally challenging times and so there’s a lot of treatment that I’ve done for nothing with [Patient ‘A’].

ASADA comment (page 208): The essence of Dr Hooper’s evidence is that 34 Essendon players were injected with an amino acid compound sourced by Patient ‘A’, from a chemist in Mexico. The identity and integrity of the commodity was inferred by Dr Hooper from labelling without independent or professional verification. Additionally, the amino acid appears to have been in storage at HyperMED for a considerable time prior to its use. It is hard to reconcile Dr Hooper’s conduct against the notions of informed consent and duty of care. In addition to administering the amino acid compound to players, Dr Hooper also provided Mr Dank with a separate container of the same amino acid. Although unaware of what Mr Dank did with the container, Dr Hooper was of the understanding that Mr Dank was getting it analysed and he was looking to get it compounded.

My Comment:

• As Hooper “was of the understanding that Dank was looking to get it compounded, Hooper obviously didn’t believe it was Thymosin Beta-4 because Thymosin Beta-4 doesn’t require compounding;

• ASADA implies there is doubt about the substance because Hooper did not seek independent or professional verification”. On that basis it is unconscionable for ASADA to think the substance could have been Thymosin Beta-4 because ASADA didn’t have the substance professionally verified by an independent person;

• It is outrageous that ASADA should state that the amino acid was sourced from Mexico. Patient ‘A’ revealed that he had personally brought two large (500 ml) vials of Amino Acid over-the-counter at a local chemist in El-Paso without a prescription. Patient ‘A’ did not say El-Paso was in Mexico. El-Paso was in Mexican hands for a very short period in 1836 when Davy Crockett, Jim Bowie and Billy Travis were defeated at the Alamo.

• When Dr Hooper was asked by ASADA where the substance was sourced, he said: “I think it was sourced out of Mexico, but then again he has had product out of – through Italy, the US. So he’s – it depends on which stem cell facility he’s attending.” Hooper indicated that it could have come from Mexico, Italy or the United States. Only a biased, deceitful investigator would deduce that Hooper said the substance was sourced from Mexico. This story was leaked to the newspapers and did irreparable damage to the players;

• Hooper told ASADA he vouched for the integrity of the substance by what he read on the label. Thymosin Beta-4 was not listed on the label.

9 May 2012: Dank sent Alavi an SMS asking him to ‘organise the Thymosin for the AOD [-9604] study’ as he had now started the study.

My Comment:

There is no evidence that when Dank said Thymosin he was referring to Thymosin Beta-4.

15 June 2012: Robinson emailed Dr Reid a list of supplements to be administered between the mid-year bye and the 2012 Grand Final which included ‘Thymomoduline weekly: two days pre-game; Cerebrolysin: two mil split fortnightly – two days before the game; and … two monthly intravenous immune booster.’

My Comment:

The fact that Robinson specified Thymomodulin is significant. However, opponents argue the schedule listed by Robinson is the schedule for Thymosin Beta-4 and not Thymomodulin. Presumably EFC lawyers would argue Robinson got the name right but the schedule was incorrect. On the other hand, ASADA would argue the name was wrong and the schedule was correct.

The bottom line is the above is irrelevant. Irrespective of whether Dank’s intentions were good or bad, they count for nothing, zilch, bugger all. If no one knows what was in the syringes there is no way the players can be ‘convicted’ of being administered Thymosin Beta-4.

26 June 2012: Dank obtained a back-dated letter from Alavi of Como Compounding Pharmacy asserting that ‘Thymomodulin (Thymosin)’ did not contain any WADA prohibited substances. The letter was back-dated to 27 February 2012.

My Comment:

• This doesn’t prove Alavi supplied Thymosin Beta-4.

• It is plausible that Dank mislead the club in February 2012 that he had written proof that Thymomodulin didn’t contain any WADA prohibited substances. This request could have been an attempt to rectify that comment.

26 June 2012: No invoice has been located to support the proposition that Como Compounding Pharmacy supplied Essendon FC with ‘Thymomodulin (Thymosin)’. However, the club did receive an invoice from Como Compounding Pharmacy for ‘Peptide Thymosin’ – but the transaction was later reversed (debit to credit) before being removed from the invoice altogether.

My Comment:

• Dank has continually referred to Thymosin as though it is the generic name for Thymomodulin and Thymosin Alpha 1;

• There is no evidence that when Dank refers to Thymosin he means Thymosin Beta-4;

• Once again ASADA has displayed its bias. ASADA stated that “No invoice has been located to support the proposition that Como Compounding Pharmacy supplied Essendon FC with ‘Thymomodulin (Thymosin)” but failed to state that no invoice has been located to support the proposition that Como Compounding Pharmacy supplied Essendon FC with Thymosin Beta-4.

• As ASADA hasn’t even implied, let alone offered any evidence, that the invoice reversal was fraudulent, it is incomprehensible why ASADA mentioned it.


5 August 2012 Dank sent Alavi a SMS requesting ‘help with this football team’. Alavi replied telling Dank not to worry and that they would ‘start them on the cocktails next week’. … Mr Alavi then asked when their next game was. Dank then asked if the Thymosin and AOD-9604 could be mixed. Alavi said it could to which Dank replied, ‘let us test a couple of players’.

My Comment:

• There is no evidence when Dank said Thymosin that he was referring to Thymosin Beta-4;

• Instructions were given in June 2012 to Dank and Robinson that no more injections were to be given to the players. There is no evidence that any injections were given on, or after, 5 August 2012;

• There is no evidence Thymosin of any variety was administered to any player on, or after, 5 August 2012.

• There is no evidence any amino acid was administered to any player on, or after, 5 August 2012.

• Robinson told ASADA (page 71) that he didn’t believe Dank ever gave the players a banned substance: ‘He’d said to him all along – that I’m never willing to cross the WADA code or the AFL code. “We’ve got to follow those codes” because at the end of the day, that’s what we – our careers … And he’s always given me that assurance that he’s never done it’.

ASADA Comment (page 163): Dr De Morton recalled a further conversation with Dank which was in regards to ‘a thing called Thymomodulin, however, no follow up occurred from Dank in terms of providing any information:
‘I think again at the footie club, probably the sidelines – [Mr Dank said] “I’m thinking I’d like to use Thymomodulin” or something like that.’

My Comment:

• This is circumstantial evidence that Dank intended using Thymomodulin;

• There is no evidence that Dank ever mentioned the word Thymosin Beta-4 at Essendon. Ironically, Dank may have used the term Thymosin Beta-4 prior to injecting Watson with Thymomodulin, but ASADA omitted Watson’s evidence from the interim report.

ASADA Comment (page 163): Mr Wallis disclosed to investigators an occasion sometime after ‘Round 14’ of the 2012 season (30 June) – but more likely ‘around grand final week – when he attended Dank’s office at the club. Although Dank was not present at the time, Wallis entered the office and inspected Dank’s fridge. Inside the fridge Wallis observed a vial of Thymomodulin and recorded this observation by taking a picture of the vial with his telephone. Wallis has since produced a copy of that image to ASADA.

My Comment:

This is indisputable evidence that Thymomodulin was present at Essendon. There is no evidence that Thymosin Beta-4 was ever present at Essendon. If ASADA can’t prove Wallis’s evidence is false, the case against the players should be dismissed.

4 September 2012: Dank was advised that his contract of employment would not be renewed. From Robinson’s perspective, Dank was well aware of his obligation to comply with the World Anti-Doping Code (WADC), throughout their relationship.

My Comment:

No one has any evidence that Dank administered Thymosin Beta-4 to the players.

On 4 October 2011: a (sic) SMS exchange occurred between Dank and Robinson that suggests there was an agreement to use the generic term of ‘amino acids when referring to a range of supplements – including some that were WADC prohibited:

4 October 2011 – SMS exchange between Dank and Robinson

From Person Message

Dank Peptides didn’t make the WADA list for next year

Robinson I know.

Robinson Check out section S0 it may fall there

Dank I have a little grey. But CJC-1295 probably doesn’t

Robinson Is it approved by any government agency for human therapeutic use?

Dank GHRP-6 doesn’t fall under that. Thymosin and GPLC doesn’t. (241 Glycine Propionyl L-Carnitine (amino acid) Not a WADA prohibited substance)
Dank No but never submitted for Therapeutic use

Dank Licence dissolved when company dissolved

Robinson [GHRP-^ falls under releasing factor. That seems to be the grey point. It seems as though it has to be authorised for use. Doesn’t allow clinical trials etc

Dank Remember [GHRP-6] is not endogenous releasing factor. But too intense to use fully

Robinson Yes this area needs more clarity

Dank Actovegin approved in Europe. That is easy

Robinson Yes they approved that again

Dank GPLC and Thymosins are just peptides. No worries there

Robinson Can we just call them amino acids or something? Or something of the kind

Dank Yes that is all they are. An amino acid blend

Dank A conjugated amino peptide chain. You should even through (sic) Bioactive in there. I like that.

Dank No leave peptides out

Robinson provided a copy of the above SMS exchange to ASADA investigators. He explained that Dank had been reviewing the 2012 WADC and a discussion arose via SMS as to the status of peptides CJC-1295 and GHRP-6. Robinson said Dank asserted that these peptides did not make the S2 Category of the 2012 WADC but Robinson thought they might be listed under the SO category – but they needed more clarity because ‘there wasn’t a clear picture, it’s a grey area. Robinson also recalled that Dank had originally referred to both CJC-1295 and GHRP-6 as ‘amino acids’, but ‘in all my dealings with him after probably – well, at EFC, all my dealings with him, he used the chemical correct name.

Shane Charter believes that the term ‘Amino Acid’ is a sufficiently generic term within the anti-aging industry that it could, ‘technically’ be used to describe a variety of peptides.

‘An amino acid is simply a sequence of you know, of base proteins at a specific length … so all peptides are in short, sequences of amino acids’.
Mr Dank’s reference in his earlier SMS exchanges to peptides not making the WADA prohibited list, strategic use of the term Amino Acids and the context in which the prohibited substances CJC-1295 and GHRP-6 were discussed, raise concerns about the manner in which the EFC.s supplementation program was eventually managed.

My Comment:

• ASADA’s comment “SMS exchange occurred between Dank and Robinson that suggests there was an agreement to use the generic term of ‘amino acids when referring to a range of supplements – including some that were WADC prohibited” is a further example of its duplicity and bias. “Suggests there was an agreement” has sinister overtones. Once again ASADA is drawing a false conclusion. Dank stated unequivocally “GPLC and Thymosins are just peptides.” When Robinson asked “Can we just call them amino acids” Dank said “Yes that is all they are. An amino acid blend. A conjugated amino peptide chain.” There is no evidence here of collusion for sinister purposes.

• ASADA’s continual attempts to draw conclusions and build a negative case for the AFL against EFC makes a lie of its comment on the first page of the written text (page 13): “This report does not include conclusions, findings or recommendations regarding potential Anti-Doping Rule Violations. Rather, it is intended to be chronological summary of evidence received during the course of the investigation.

• On page 91 ASADA made extensive comments about amino acids and quoted recovery coordinator, Benita Lalor, and Dr Peter Harcourt at length. As ASADA offered no evidence that a specific amino acid was Thymosin Beta-4, Lalor and Harcourt’s comments are irrelevant.

ASADA Comment: Carlton High Performance Manager Justin Cordy recalled that his suspicions about Essendon’s program arose following Carlton’s surprise loss to Essendon on 21 April 2012. Cordy recalled that following the loss Essendon was a ‘burning topic at Carlton, people wanted to know, well, what’s going on ...’. Cordy recalled that in June 2012, Carlton become aware of compounding pharmacist Alavi who had been working with another AFL club’s high performance and nutrition team. In furtherance of his earlier suspicions, on 27 June 2012 Cordy and Carlton Physiologist, Johann Bilsborough met with Alavi. Cordy reported back to Carlton board members Marcus Clarke and Greg Swann that having met with Essendon’s pharmacist there was nothing ‘going on at Essendon that we can elaborate on’. Although stating he was unaware at the time, Corby revealed that he later learnt Bilsborough had covertly recorded their meeting with Alavi via his iphone. ASADA have been advised, however, that the recording has since been lost due to a technical issue with that iphone.

My Comment:

Despite the unconscionable behaviour of secretly taping the conversation, the two Carlton staff members found nothing untoward going on between Alavi and Essendon.

ASADA Comment: Despite players having been repeatedly injected with AOD-9604 and Thymosin, ASADA has been unable to recover any purchase orders, invoices or remittance notices from Essendon in respect of these supplements.

My Comment:

• Only five players admitted to being injected with Thymosin. One other said he was injected with Thymomodulin, but in a scandal which needs to be investigated, ASADA deliberately omitted that player’s evidence from the Interim Report;

• There is no evidence that the six players were repeatedly injected with Thymosin. Once again ASADA is guilty of testifying;

• In charging 34 Essendon players with being administered Thymosin Beta-4, ASADA has obviously rejected the responses by the players to questioning about Thymosin. Instead, it is relying upon the belief that one of the amino acids received by the players was Thymosin Beta-4. As it already has been established that the amino acid bought in El-Paso, and supplied, by Patient ‘A’ was not Thymosin Beta-4, ASADA has to provide evidence of the purchase, supply and administering of that particular amino acid (Thymosin Beta-4). No such evidence exists;

• There is no evidence that Thymosin Beta-4 was purchased by Essendon or supplied by Alavi.
The 2012 Supplementation Program: The ASADA investigation has established that in the course of the 2012 season the following substances were documented as having been used, by the Essendon playing group: Amino acids, Thymomodulin and Thymosin

My Comment:

• This list has been edited by me to only include the relevant substances to this hearing;

• There is no documentary evidence Thymosin Beta-4 was used at Essendon.

ASADA Comment: Robinson stated that the AOD-9604, Thymosin, Lactaway, CoQ10 and Hexarelin were stored in Dank’s office fridge.

My Comment:

• This comment is incomprehensible. It is proof of ASADA’s deceitfulness or incompetence. It is inconceivable that a vial would be labelled “Thymosin”. Although it appears Thymosin is used as a generic name for Thymosin Alpha 1 or Thymomodulin by everybody except ASADA, it would not be supplied in a vial with the name Thymosin. Every label on a vial containing the word Thymosin would be labelled either Thymosin Alpha 1 or Thymosin Beta-4. It is just unbelievable that ASADA could be so incompetent that it didn’t ask Robinson whether the label said Thymosin Alpha 1, Thymomodulin or Thymosin Beta-4. Or perhaps ASADA did and his answer finished in the missing Jobe Watson file with Lord Lucan;

• As Dean Wallis submitted a photograph to ASADA of vial he found in Dank’s fridge with a label saying Thymomodulin, it is highly probable that the Thymosin Robinson said was in the fridge was Thymomodulin;

• ASADA should be required to produce a full transcript of Robinson’s evidence so it can be determined whether ASADA was deceitful or incompetent.

ASADA Comment (page 120): Similarly, Dr Reid recalled that he had approached Hird ‘because [he] had found out that players had been getting injections of a peptide [AOD-9604] that [he] knew nothing about [while the players and he] had been told that they were getting vitamins and amino acids. This finding is consistent with the findings of an independent review of governance and processes at the EFC conducted by Doctor Ziggy Switkowski and published on 6 May 2013:

My Comment:

• There is no evidence in this passage that the amino acids were Thymosin Beta-4;

• It is outrageous, and beyond the pale, that Dr Switkowski’s report was used as evidence by ASADA. Switkowski wasn’t qualified to undertake such a task; he didn’t interview Dank or Robinson; he only interviewed three players out of 45; the final report included factual errors identified by James Hird, which he was promised would be removed; he said he knew nothing about drugs and that he wouldn’t comment about them, and then unbelievably, proceeded to offer an extremely damaging opinion. The report was rubbish and should have been thrown in the bin with his invoice.

ASADA Comment: On 8 February 2012, players attended a meeting at the EFC Auditorium. After the meeting the vast majority of players signed ‘Patient Information/Informed Consent’ forms which were counter-signed (in their absence) by Dank. In signing the forms, the players, consented to the administration of four substances: AOD-9604, Thymosin, Colostrum and Tribulus.

My Comment:

There is no evidence that the Thymosin referred to here was Thymosin Beta-4.

ASADA Comment: Dank has claimed through the media that players were, at all times, fully informed of what they were to be administered – particularly in the early stages where he would get [the player] to reaffirm what they were taking and what they were doing’. (http//www.theage.com.au/afl/afl-news/steve-da ... -2e90j.htm;)
[Performance psychologist, Jonah] Oliver recalled witnessing a player signing a consent form during which ‘Stephen Dank showed paperwork to [the] player saying “This is the authorisation of the WADA/ASADA.” Oliver also recalled observing Dank explain the purpose of the proposed supplement to the player in layman’s terms and on occasions where a player was a ‘bit ambivalent’ he would stop the player and remind them to listen and make sure they understood it.

My Comment:

In addition to Dank and Oliver’s supportive comments, Jobe Watson testified that Dank discussed with him in detail the benefits of the legal Thymosin and the reason Thymosin Beta-4 could not be used. Watson testified that Dank explained the benefits of Thymomodulin. Watson also described the label “Thymomodulin” which was on the vial from which he was injected. Incredibly, this evidence was omitted from the Interim Report.

ASADA Comment (page 162): Dr Nekoee told investigators that he had sent the article to Mr Dank because he thought it would be of interest to Mr Dank. Dr Nekoee said he had discussed [with Mr Dank] every peptide he sells and that they had ‘talked about Thymosin Beta 4’s role but [he could not] remember [Mr Dank] saying if he injected any Essendon players [with it].

My Comment:

• This document, like the one sent by Charter to Dank on 12 January 2012, on how to administer Thymosin Beta-4, was not requested by Dank, and consequently, like that document, is irrelevant;

• There is no evidence Dank injected Essendon players with Thymosin Beta-4.

ASADA Comment: As it will be discussed later in this report, on 12 January 2012, Mr Charter emailed a document to both Dank and Alavi which described ‘How to Use TB-500 (Thymosin Beta 4)’. The document revealed the optimum means by which to prepare, administer and store Thymosin Beta-4. Thymosin Beta-4 is the substance Mr Charter alleges was ordered by Mr Dank through Como Compounding Pharmacy at about that time.

My Comment:

• There is no evidence that Dank or Alavi requested that Charter send that document to them;

• There is no evidence that Charter believed the document was to be used to treat players at Essendon. Dank had patients at his aging clinics;

• Dank had used Thymosin Beta-4 in his aging clinics. He knew how to prepare / administer and store Thymosin Beta-4;

• Half of Australia receives unsolicited (negative) emails every day about Gillard / Abbott and Muslims. Many urge the recipients to take action against Muslims. No one does. It is preposterous to suggest, without any evidence, that Dank acted on the unsolicited email from Charter.
ASADA Comment (page 162): There is no record of Como Compounding Pharmacy having supplied EFC with ‘Thymomodulin (Thymosin)’. The only relevant invoice relates to ‘Peptide Thymosin’ – but Como Compounding Pharmacy subsequently reversed that transaction (debit to credit) before removing from the invoice altogether. To date, no other supplier of Thymosin to EFC has been identified.

My Comment:

• This is further evidence of ASADA’s bias. ASADA chose to highlight that “there is no record of Como Compounding Pharmacy having supplied EFC with ‘Thymomodulin (Thymosin)’ but ignored the fact that there is also no record of Como Compounding Pharmacy having supplied EFC with Thymosin Beta-4.

• This is an incredibly vital point. It should be the end of ASADA’s case. ASADA is arguing / implying that because there is no record of Como Compounding Pharmacy having supplied EFC with ‘Thymomodulin (Thymosin)’ the players could not have been administered Thymomodulin. Therefore, by definition, if there is no record of Como Compounding Pharmacy having supplied EFC with Thymosin Beta-4, the players could not have been administered Thymosin Beta-4. On that basis, all ‘charges’ should be dismissed.

ASADA Comment (page 162): The use of Thymosin Beta-4 at EFC is given further credence by Mr Dank’s admission to Fairfax journalists about his use of Thymosin Beta-4. Those admissions were recounted in The Age on 5 July 2013 in an article titled ‘Drug suspicions over Essendon grow’: ‘… In April, Mr Dank told Fairfax Media in an interview that Thymosin Beta 4 had been part of his program at Essendon. However, when informed of the club’s denial, he said he could not recall which type he had given the players. …’)

My Comment:

• ASADA’s acceptance of this Fairfax article as evidence is another example of ASADA’s duplicity. The above is factually untrue and is not a recount of the April interview with Dank. There are no quotation marks. Once again ASADA is testifying and accepting a comment by the Age journalists as fact. Consequently, it should not be accepted as evidence by the tribunal. On 24 August 2013 the Age published excerpts from Nick McKenzie’s interview in April with Steve Dank:

McKenzie: Thymosin Beta 4 – why was that used in Essendon players given there is an opinion from a doctor or researcher and other scientists that its effects are uncertain? (note: The AFL believes it has a strong circumstantial case that TB-4 was used on players.)

Dank: That's not totally true Nick because, with all due respect, right, there is good data – very good data – that supports Thymosin Beta 4 in the immune system

McKenzie: OK, why give it to all Essendon players if only some of them had colds and flu?

Dank: Well, the point is that there is a degree of immunosuppression after a game or a hard training week, right. Often times the ability to back up next week is decreased by the hit on the immune system.

McKenzie: Did you see any indications in Essendon players that it actually helped them?

Dank: Well apart from the fact they won 11 out of their first 14, right, and we did regular bloods [blood tests] . . . at the end of the day I was very happy with the science, I was very happy after working a long time in football, right, that there are periods of malaise which are possibly related to sub-clinical flus and sub-clinical colds, right, which can affect performance.”

My Comment:

• McKenzie made the initial statement that Dank used Thymosin Beta-4. Dank was not asked what he used. McKenzie told him what he used. It was a bit like “have you stopped beating your wife”.

• Dank inadvertently ran with the word Thymosin Beta-4, which McKenzie had planted in his head.

• It was obvious to all that Dank was talking about Alpha 1 or Thymomodulin. Dank went to great lengths explaining that the substance he used helped the immune system. Thymosin Alpha 1 and Thymomodulin are used to help the immune system. Thymosin Beta-4 suppresses the immune system in order to help speed tissue injury recover. Although Dank mentioned Thymosin Beta-4, he clearly wasn’t talking about Thymosin Beta-4.

• On 11 April 2013, Nick McKenzie and Richard Baker, said, "Records of Hird and Dank's dealing reveal the coach knew specific details about the supplementation regime, including the intravenous administration of vitamins and injections into the stomach or oral administration of other supplements, including AN IMMUNE-BOOSTER KNOWN AS THYMOSIN . .. They went on to say: "When asked why Thymosin peptides were given to players as an immune system booster when there is debate about their effectiveness.

• Baker and McKenzie made a big deal of what was obviously an inadvertent slip-of-the-tongue, but have deliberately ignored that there were not only records of the players being administered AN IMMUNE-BOOSTER KNOWN AS THYMOSIN but they quoted Dank as saying he used the immune-boosting variety.


ASADA Comment: Mr Charter stated that although Mr Dank never admitted to administering peptides to Essendon players, he [Dank] had revealed that he ‘had a research project underway with athletes – professional athletes’. Given the significance of this statement, Mr Charter’s evidence warrants comprehensive recital: ‘You know, you can put two and two together, but he never verbally said that he was going to inject the players with them, but he did say that he had a research project underway with athletes – professional athletes. And he had – it was raised as a concern with one of my [business] colleagues Mr Sergio Del Vecchio, who said, “I’m not sure that you can be using these with professional athletes.” And he said, “No. No. No. I’ve got indemnities and they sign off on these forms. It’s all under R and D. It’s all good’. ‘[Mr Dank] basically just said he had a pro forma letter that’s, you know, anyone who uses [the supplements], he gets them to sign off on, saying that it’s for research purposes only, and I’d never seen it. Mr Charter said Mr Dank held the view that if a supplement was labelled ‘for research purpose only … he was totally covered – no problems whatsoever’.

My Comment:

Neither Charter nor Del Vecchio alleged that Dank even discussed Thymosin Beta-4, let alone suggested he intended using the product.

ASADA Comment: Mr Sergio Del Vecchio recalled during this first meeting Mr Dank made him aware of his role at Essendon. Mr Dank spoke openly of ‘peptides and the benefits of peptides and how good they were … and [how] they’re not banned by WADA or ASADA’. Mr Del Vecchio said that sometime later he later checked the veracity of Mr Dank’s claims using the ASADA website and realised that GHRP-6 was in fact banned. As a result, Mr Del Vecchio emailed Mr Charter on 12 March 2012: ‘Hi Shane, this came as a complete surprise to me based on what Steve Danks (sic) told us but most peptides are banned by ASADA for use by athletes. You can check on the link below. Not sure what Steve is giving Essendon players but I think he may be putting them at risk for drug abuse by ASADA,’

My Comment:

As Del Vecchio hasn’t even alleged Dank mentioned Thymosin Beta-4, it is obvious he has nothing to offer. Anything he has said is irrelevant.

ASADA Comment (page 384): In late 2011, Mr Charter visited China to purchase raw peptides as part of his role in the business arrangement. Mr Charter purchased a variety of substances from G L Biochem in Shanghai including: CJC-1295; GHRP-6; Hexarelin; Melanotan II; MGF (Mechano Growth Factor); and Thymosin Beta-4.

My Comment:

This is not true and contradicts what ASADA has stated on two previous occasions. According to ASADA Charter went to China on 26 November 2011 and returned on 2 December 2011. ASADA alleged the intention of the trip was to purchase CJC-1295; GHRP-2 and 1GF1-LR3. There is no evidence he intended purchasing Thymosin-4 or in fact purchased the substances. ASADA alleges he purchased the three products plus Thymosin Beta-4. Chip Le Grand reported that the Chinese supplier Xu told him he gave Charter some samples. Charter did not purchase anything.

11 April 2012: Essendon Football Club received three Tax Invoice Statements dated 31 January 2012, 29 February 2012 and 31 March 2012 from Como Compounding Pharmacy. Included on the initial invoice with substances Hexarelin and Peptide Thymosin’. In later invoices the transaction relating to these substances was annulled (debit to credit). A side note on the relevant invoices indicated that the invoice for Hexarelin and Peptide Thymosin was redirected to ‘MRC ICB’ (Medical Rejuvenation Clinic, Institute of Cellular Bioenergetics), companies in which Mr Dank is a director. The catalyst for this redirection has not been established, is no one at Essendon Football Club has any recollection of the event.

My Comment:

This statement proves that supplying a substance or sending an invoice to Dank is not proof it was to be administered to EFC players.

Thymosin: In late 2011, Mr Charter visited China to purchase raw peptide as part of his role in the business arrangement with Mr Alavi and Mr Dank. Mr Charter purchased a variety of substances from GL Biochem in Shanghai including Thymosin Beta-4.

My Comment:

This is the fourth time this comment has got a run. It is still untrue. ASADA is testifying again. There is no evidence Charter purchased anything on this trip let alone purchased Thymosin Beta-4.

ASADA Comment: From Charter’s perspective his role was to simply source the raw peptide material and did not get involved in the compounding process required to convert the powder to injectable form as specified by Dank:

ASADA: So you never saw the finished product, and how it went off to Steve [Dank]?

Charter: Never, Never. No . So I would just communicate electronically, Steve would tell me what he wants made up [and] when … I would tell Nima [Alavi], tell him what solvents , he would go make it , go from there – because my job was quality control … sourcing the products. Nima was manufacturing and Steve was effectively, the marketing as such. (668 interview Charter and ASADA 8 May 2013):

My Comment:

Given Charter didn’t see the substance at any stage, it is incomprehensible why ASADA wanted him as a witness. He had nothing to offer.

ASADA Comment: Investigations to date have failed to discover any evidence to suggest that Essendon paid for AOD-9604 or (Thymosin (Alpha or Beta-4). This despite the evidence that both AOD-9604 and Thymosin (Beta 4 were administered to players. Investigators have recovered five invoices received by the club, from Como Compounding Pharmacy (viz Alavi) which revealed purchasing arrangements from as early as 18 November 2011 through to 31 March 2012.

My Comment:

This is untrue. There is no evidence Thymosin Beta-4 was administered to the players. Once again ASADA is testifying.

HyperMED treatments: During the course of the 2012 season, Essendon players underwent a number of hyperbaric treatments at HyperMED. – a company that is owned and operated by a chiropractor, Dr Malcolm Hooper. As part of the treatment players were injected with courses of Cerebrolysin and an unidentified ‘Amino Acid’.

My Comment:

• If the amino acid was unidentified, it would be unconscionable of ASADA to imply it was Thymosin Beta-4. Furthermore, Hooper testified that he looked at the list of substances on the label which were in the bottle, and Thymosin Beta wasn’t listed.

ASADA Comment: ASADA has recovered an itemised list of treatments provided to Essendon players at HyperMED. In total 34 players were listed and their treatments itemised. Notably, the injection of Cerebrolysin and Amino Acids are reflected in the document. Although only 21 of the 34 players were administered Cerebrolysin, all 34 players were administered Amino Acid.

My Comment:

• ASADA has continually used the plural amino acids. In this instance it is using the singular. This is proof ASADA has no idea what it is talking about.

• As ASADA has stated the amino acid was unidentified, it is incomprehensible why ASADA included this in the report. Thirty-four players being administered an unidentified substance sourced from the United States is meaningless and irrelevant.
ASADA Comment: Mr Wallis stated he thought it ‘bizarre’ for Mr Dank to have three vials of Thymomodulin in his fridge when he had assured the club that player injections had stopped. For this reason, Mr Wallis took the photo and subsequently provided a copy of the image to ASADA.

My Comment:

It is irrelevant why Dank had three vials in his fridge after the injecting program stopped. The important issue is that Thymomodulin was found in Dank’s fridge. It has already been established that Dank was totally disorganised.

Example 6 – Amino Acids for analysis: ASADA has established that sometime around 28 of March 2012, Mr Dank provided Amino Acid samples to Mimotopes, a company whose core business is the synthesis [of] research-grade peptides for the[Research and Development] community. Mr Dank had requested an analysis on the Amino Acids he had provided. Mimotopes claimed to have never supplied Mr Dank with any services (including products) other than an analysis comment of the substances he supplied to ascertain their concentration levels. The analysis of the sample was conducted on 2 April 2012 and 9 April 2012. An analysis certificate was completed confirming the Amino Acids to be ‘Growth Hormone Releasing Hexapeptide (GHRP-6) and Mechano-Growth Factor (MGF). The concentrations of the peptide within each respective sample however, was lower than that is to be expected in a theoretical sample – 58% in respect of GHRP-6 and 81% in regards to the MGF. On 23 April 2012, Mimotopes sales manager Shelley Rasmussen emailed the results (and accompanying analyst certificate to Mr Dank.

My Comment:

This is irrelevant. There is no evidence that Thymosin Beta-4 was supplied or used by Dank at EFC. The analysis didn’t provide evidence that Thymosin Beta-4 was present.

ASADA Comment: Given the importance of the player’s own recollections, this report has annexed a comprehensive summary of each player’s evidence. However, the evidence of the players can be summarised as follows: The vast majority of player signed the Patient Information/Informed Consent forms for AOD-9604, Colostrum, Thymosin and Tribulus. 11 players believed or suspected that had been administered Thymosin by Mr Dank. 28 players received injections of unknown composition on multiple occasions. No player was advised of the nature or source of the Mexican amino acid injections administered at HyperMED. Every player who received the Mexican amino acid injection would have refused the treatment had they been advised of the origins of the substance.

My Comment:

• In an unforgivable act of gross incompetence, ASADA mistakenly told the players one of the substances they were administered was sourced from Mexico. This caused the players great mental stress, which should enable the players to sue ASADA;

• The above comment by ASADA is one of many which amplifies the sheer stupidity of ASADA charging 34 Essendon players. A kindergarten child could do the maths and realise the figures don’t add up. A maximum of 11 players say they may have been administered Thymosin. Twenty-eight players “received injections of unknown composition”. How the heck did 34 players get charged with being administered Thymosin Beta-4? ASADA must have knocked off the calculator Joe Hockey threw out in disgust after used it to do the budget.

ASADA Comment: During interviews with ASADA, 11 Essendon players expressed the belief that they had been injected with Thymosin. A sample of Thymosin was not recovered. Thymosin Beta-4 is a WADA prohibited substance.

My Comment:

• This is total fabrication. Six players said they had been administered Thymosin. Five players said “they may have been” or “they weren’t sure” or the “name rings a bell”. It is outrageous and deceitful for ASADA to claim these five players expressed belief they had been administered Thymosin.

• In a document full of disingenuous comments, ASADA’s statement that “a sample of Thymosin was not recovered” takes first prize. ASADA knows Thymosin is used as a generic name and therefore no vial would ever have only Thymosin on it. If ASADA weren’t desperate to secure a conviction at any cost, it would have stated that three vials of Thymomodulin were recovered.

• ASADA repeatedly stating Thymosin Beta-4 is a WADA prohibited substance is further evidence of its bias an underhandness.

What could very loosely be described as alleged direct evidence – Nima Alavi and Shane Charter.

Nima Alavi from Como Compounding Pharmacy was interviewed by ASADA after the completion of the Interim Report. Amazingly, his evidence hasn’t been leaked so no one knows what he told ASADA. Alavi has refused to testify to the tribunal and it was reported in the Australian newspaper that when ASADA asked him to sign an affidavit it had prepared, he refused on the grounds the content wasn’t true. Alavi was interviewed by the Australian newspaper’s Chip Le Grand. On 20 June 2014, Le Grand wrote:

• “Mr Alavi said he didn’t know with any certainty what they were given. And neither, could the anti-doping investigators.”

• “Mr Alavi said …it was impossible to know whether the players were given Thymosin Beta-4, a substance that is banned, Thymosin Alpha 1, a substance that is permitted, the similarly permitted Thymomodulin, or something else altogether.”

• “Mr Alavi said the shipment arrived at his pharmacy simply marked Thymosin. ‘It didn’t tell me what type it was, which worried me a little bit.’”


• Alavi allegedly supplied Dank with Thymosin Beta-4. No delivery documents were included in the Interim Report to support Alavi’s allegation. As an invoice was re-credited, there is no evidence Alavi supplied Essendon with Thymosin Beta-4.

• Dank was a director of a company called Medical Rejuvenation Clinic (MRC). MRC sells CJC-1295; GHRP-6; GHRP-2; Thymosin Beta-4; Hexarelin; SARM S-22; Melanotan II; AOD-9604 on line to its customers and uses those products in the treatment of its patients. The absence of paperwork notwithstanding, it was nonsense for ASADA to claim that any of the substances were administered to the players. If in fact Dank received Thymosin Beta-4 from Alavi, it is impossible to prove whether it was used on the players or at the MRC clinics or on private patients.

ASADA Comment (page 304): Investigators have come into possession of a letter from Jack Bock Lawyers who purports to be representing Alavi. The letter, dated 13 February 2013, was sent to a number of journalists warning that if they were to persist with the existing context in discussing Alavi’s business, Alavi would be faced with the unhappy task of having to exercise whatever remedies are available for him to preserve and/or restore his reputation. In the letter, Alavi’s lawyers makes the following points:

My client wishes to stress that he supplies peptides to patients and, although under no legal obligation to require the same, only on prescription by a medical practitioner. My client will not supply peptides to a patient without an official prescription. The peptides which have been supplied by my client have been supplied only to patients.

• My client does not dispense any medications (including peptides) without a prescription from a medical practitioner;

• My client only dispenses medication to individual patients and does not supply any clinics or sporting bodies with medication;

• My client has no arrangement to supply medication to any sporting body;

• My client does not supply any performance-enhancing drugs (including peptides) to any AFL player or other professional sportsman;

• My client has no association with Steve Danks (sic).

Shane Charter’s Evidence ASADA Comment (page 167): Mr Charter told ASADA investigators that he had no direct knowledge of Essendon’s supplementation program. Although Mr Charter admitted procuring WADA prohibited substances from China on behalf of Mr Dank, he could not positively say whether Mr Dank had administered those substances to Essendon players. Much of the evidence provided by Mr Charter has been independently corroborated which tends to underpin the veracity of his claims.

My Comment:

• There is no evidence Charter procured Thymosin Beta-4 for Dank.

• There is no evidence that Charter saw the package which was sent from China that arrived on 28 December 2011;

• As Charter has no direct knowledge of Essendon’s supplementation program it is outrageous that he is being used as a witness.

• ASADA’s statement that he [Charter] could not positively say whether Mr Dank had administered those substances to Essendon players, indicates how biased ASADA is. It is nonsense to suggest Charter couldn’t be positive. Charter wasn’t in a position to comment on whether the players had been administered substances of any description. He didn’t know what Alavi supplied Dank. He wasn’t present when the players were administered substances. The statement should have said “Charter had no idea”. “Could not positively” is misleading. It implies he believes they were administered those substances but couldn’t be 100% certain. As Charter wasn’t there he couldn’t be 1% certain.

• ASADA’s claim: “Mr Charter has been independently corroborated” is untrue It is garbage. It is meaningless. Once again the investigator is testifying. “Independently corroborated” about what? Charter’s evidence is he supplied substances to Alavi. There is no evidence, or even an allegation, Charter supplied Dank with any substances. There is no evidence, or allegation that Charter saw Dank administer any substance, let alone Thymosin Beta-4 to any Essendon player. In fact, Charter testified (page 167) that “Mr Charter told ASADA investigators that he had no direct knowledge of Essendon’s supplementation program”. Which begs the questions why did Charter testify and why has ASADA relied upon him as a key witness?

• ASADA’s comment: “Mr Charter has been independently corroborated which tends to underpin the veracity of his claims” indicates more bias. ASADA had a responsibility to not only say who the independent people were, but it also had a responsibility to include their evidence. This is a sham. Given Charter’s evidence has no value it wouldn’t matter if “I have never lied”, Andrew Demetriou, and the Pope corroborated Charter’s evidence, it still would be useless

26 November 2011: (Page 21) Charter travelled to China on behalf of Dank to procure the raw materials for GHRP-6, CJC-1295 and IGF1-LR3.

My Comment:

• Dank claims this is a lie;

• There is no evidence Charter travelled to China on behalf of Dank;

• Charter never invoiced Dank for the raw materials or the travel costs;

• There is no evidence Dank ordered these three substances;

• Charter didn’t even allege Dank ordered Thymosin Beta-4;

• Chip Le Grand claimed in the Australian newspaper that the Chinese supplier, Vincent Xu, told him that he gave Charter samples of the three products. There is no evidence Xu filled an order during the visit. Charter subsequently emailed an order on 8 December 2011;

• There is no evidence Charter gave the samples to anyone.

2 December 2011: (Page 21 & Page 178) Charter returned to Melbourne with the raw material for the peptides GHRP-6, CJC-1295, Thymosin Beta-4 and IGF1-LR3 – all of which were declared by him at Customs. Mr Charter states that he provided the peptides to Mr Alavi who subsequently compounded them for supply to Mr Dank.

My Comment:

• It is an outrageous lie for ASADA to state that [Alavi] “who subsequently compounded them [the alleged raw materials Charter brought into Australia on 2 December 2011] for supply to Dank”. There is no evidence to support this claim by ASADA. Inexcusably, ASADA, the investigator, is actually testifying. It is incomprehensible that the investigation was conducted in this manner;

• According to Charter, Dank didn’t order Thymosin Beta-4 on 26 November 2011. There is no evidence that if Charter brought back Thymosin Beta-4 from China, that it was for Dank;

• There is no evidence that Dank ordered Charter to purchase the three products;

• Dank claims that Charter did not go to China on his behalf;

• Charter has never produced an invoice to prove that he bought the three or four substances in China. The Chinese supplier subsequently told Le Grand that he did not fill an order for Charter on this occasion. All he did was give Charter some small samples. Thus, both Charter and ASADA were not telling the truth. There was no such first order. ASADA’s comment about customs was a deliberate attempt to mislead the reader;

• Charter has never produced any evidence that he issued Dank with an invoice;

• There is no evidence that Dank paid Charter for these three or four substances;

• There is no evidence that Charter gave the substances to Alavi;

• There is no evidence Alavi gave anything to Dank

• The 26 November annotation doesn’t mention that Dank ordered Thymosin Beta-4. Therefore, we have no idea who Charter allegedly procured Thymosin Beta-4 for. The fact that Dank / Charter / Alavi were anxious to receive their 0.25 gram Thymosin ordered on 8 December 2011, suggests the Thymosin Beta-4 allegedly brought into Australia by Charter on 2 December 2011, wasn’t Dank’s

• There is no evidence that Charter declared his purchases to customs and there is no evidence that customs approved it:

i. ASADA’s footnote (637 xxxxxxxxxxx) said “Preliminary checks with Customs by ASADA reveal that Charter had in fact declared a quantity of human growth hormone’ material upon his passage through customs.” That doesn’t prove Charter declared Thymosin Beta-4.

ii. “Preliminary check” is not evidence? It simply means ASADA’s allege check was incomplete and can’t be relied upon as evidence. It is unconscionable that ASADA made a claim, without supporting evidence, and then believes its word should be accepted as evidence. This is a further example of ASADA testifying.

The second purchase (Page 178): Mr Charter recalled a second order of peptides from Mr Dank. In support of his claims Mr Charter produced a number of emails between the Chinese supplier (GL Biochem) and himself. Examination of this material reveals that Mr Charter ordered: 10 grams of GHRP-6; 2 grams of GHRP-2; 10 grams of CJC-1295; 5 grams of Hexarelin; 10 grams of Melanotan II; 5 grams of Thymosin Beta 4; 5 grams of Mechano-Growth Factor; 5 grams of AOD-9604 (unavailable) and 10 grams of IGF-1 (purchased separately due to an ordering issue). (640 – transcript of interview between Charter and ASADA 8 May 2013)

My Comment:

• It is alleged that this was Dank’s second order, the 26 November 2011, being the first. As with the first alleged order, there is no paper trail from Dank to Charter. There is no evidence that Dank made this order.

• There is no evidence that Charter submitted this alleged order with anyone.

• The quantities in this alleged order appear to have been ordered by the Tooth Fairy. They are substantially different from the actual order placed by Charter by email on 8 December (see table below) viz (Page 179) Mr Charter emailed GL Biochem ordering: 2 grams of GHRP-6; 0.5 grams of CJC-1295; 1 gram of Melanotan II; 0.5 grams of MGF (Mechano Growth Factor) 0.25 grams of Thymosin Beta 4’. It was therefore extremely misleading of ASADA to include what appears to be a phantom order that Charter claims was from Dank.

Substance Tooth Fairy Order Actual Order (email 8.12.11)
GHRP-6 10 grams 0.5 grams
CJC-1295 10 grams 0.5 grams
Melanotan II 10 grams 1.0 grams
Mechano Growth Factor 5 grams 0.5 grams
Thymosin Beta-4 5 grams 0.25 grams

(Page 179) Of the documentation supplied to ASADA by Mr Charter, analysis has identified the following chronology of events:

1 December 2011 (page 179): Mr Xu, Global Sales Manager for GL Biochem (Shanghi) Ltd, sent an email to Mr Charter stating ‘thank you very much for your time to visit us, It’s our great honour. Mr Xu then outlined their ability to supply Mr Charter with: GHRP-6; GHRP-2; CJC-1295; Melanotan II; Thymosin; Thymosin Beta 4 and MGF (Mechano Growth Factor).

My Comment:

• Dank’s order has not been included here. There is no evidence Charter was ordering for Dank.

• Mr Xu makes a distinction between Thymosin and Thymosin Beta-4. It is the same distinction everybody appears to make except ASADA. It appears that ASADA employees are the only people who think Thymosin is Thymosin Beta-4.

• Just as interesting is the fact that that the substances Charter ordered and Xu’s response are identical with two exceptions. Xu didn’t mention Hexarelin, and despite Charter allegedly not inquiring about Thymosin (Thymomodulin), Xu said he could supply it. It is strange that Thymosin (Thymomodulin) is the only product that Xu said he could supply when Charter allegedly didn’t ask about it?

8 December 2011: (Page 179) Mr Charter emailed GL Biochem ordering: 2 grams of GHRP-6; 0.5 grams of CJC-1295; 1 gram of Melanotan II; 0.5 grams of MGF (Mechano Growth Factor) 0.25 grams of Thymosin Beta 4’. Mr Charter queried in the email if the total price of $2835 USD was the best price they could offer. Mr Charter also stated, ‘Which courier do you use to send to Australia? And ‘Send me an invoice and I will have this paid today’. (642 email from Shane Carter)

My Comment:

The quantity of Thymosin Beta-4 actually ordered was 20 times less than Charter claimed Dank ordered.
8 December 2011: (Page 179) Mr Charter’s order did not contain Thymosin Alpha, in fact it is Mr Charter’s evidence that he only ever procured Thymosin Beta-4 for Mr Dank, not Thymosin Alpha.

My Comment:

• ASADA didn’t include an order from Dank in the interim report so we have no idea what he ordered.

• ASADA never quotes Charter directly when submitting potentially damaging information. On a number of occasions it is irrefutable that ASADA is testifying;

• At best, Charter may have ordered Thymosin Beta-4. There is no evidence that he procured Thymosin Beta-4. Worse still, Charter has no idea whether he procured Thymosin Beta-4.

9 December 2011: (Page 179), Mr Xu acknowledged receipt of Mr Charter’s authority for and attached a ‘proforma invoice’’ [No. 211886-VX2288) relating to his order (see email of 8 December 2012 above). Examination of the proforma invoice confirmed Mr Charter’s final order totalling $US2835) as: 2 grams of GHRP-6; 0.5 grams of CJC-1295; 1gm of Melanotan II; 0.5 grams of MGF (Mechano Growth Factor); 0.25 grams of Thymosin Beta 4’.

My Comment:

It is incomprehensible that ASADA would include in the interim report the nonsense Tooth Fairy order under the heading “The second purchase” (page 178). The second purchase order suggests Charter ordered 5 grams of Thymosin Beta-4. However, Charter’s email of 8 December and the proforma invoice of 9 December from Mr Xu indicates Charter ordered only 0.25 grams of Thymosin Beta-4. However, there is no evidence Charter procured Thymosin Beta-4.

11 – 16 December 2011: (Page 22) Charter recalled an impromptu meeting at the Sheraton Mirage between himself, Hird and Dank at which Dank sought to convince Hird that the use of growth hormones within the AFL was commonplace. Dank then advocated for the use of peptides at EFC, claiming they were safe and legal under the World Anti-Doping Code. According to Charter, Hird told Dank that anything used on the Essendon players had to be WADA compliant and approved by Dr Reid.

My Comment:

This is further proof that Hird was insistent on complying with the WADA Code and it had to be approved by Dr Reid.

28 December 2011: (Page 22) The peptide material order from China is delivered to Alavi at his Como Compounding Pharmacy. On 29 December 2011: (Page 23) Mr Charter contacted Mr Alavi via SMS to check on the delivery of substances from China stating: It [the courier tracking] says the peptides delivered 3.30pm yesterday, have you got them

My Comment:

• The label on the raw material packaging said “Thymosin”. Therefore, at that point, there was no way of knowing whether it was Thymosin Alpha 1, Thymomodulin or Thymosin Beta-4, or for that matter, whether it was any other unknown substance;

• The only way of knowing what substance it was, was to have it tested at a laboratory;

• Alavi did not have it tested so he had no idea what it was;

• As Mr Xu indicated on 1 December 2011 that he could supply both Thymosin and Thymosin Beta-4, and as the raw material supplied on 28 December said Thymosin, there is reason to believe it was Thymosin (Alpha 1) and not Thymosin Beta-4.

• The fact that Alavi compounded the substance further supports the contention that it was Thymosin Alpha-1 or Thymomodulin. Thymosin Beta-4 doesn’t require compounding.

11 January 2012: (Page 23 & 182) Charter sent Dank an SMS querying ‘which peptides do you need next?’ Dank replied Thymosin Beta 4 and CJC-1295.’ On 12 January 2012 (Page 24 & 182) Charter sent an email to Dank and Alavi seeking Dank’s concurrence with the protocols for preparation, administration and storage of Thymosin Beta 4. Dank sent Charter an SMS seeking 20 vials of Thymosin compounded at 5ml per vial. Charter sent Alavi an SMS stating, ‘Hi Mate. Thymosin – 20 x 5 ml vial. Steve’s request’.

My Comment:

• Dank told Charter he wanted Thymosin Beta-4 on 11 January 2011. However, when Charter sought confirmation of the order the next day, Dank clearly said : “Thymosin compounded at 5ml per vial”;

• Mr Xu, the Chinese supplier, clearly made a distinction (in his 1 December email) between Thymosin and Thymosin Beta-4. He referred to Thymosin Alpha (Thymomodulin) as Thymosin and Thymosin Beta-4 as Thymosin Beta-4. It appears that ASADA is the only one which won’t accept the separate distinction;

• There is no evidence that Dank thought Thymosin was synonymous with Thymosin Beta-4. He saw it the same way the Chinese supplier saw it;

• Dank not only claims he was correcting his inadvertent mistake the day before, but testified under oath to the Australian Crime Commission in May 2012, that he gave a few players Thymosin Alpha (Thymomodulin) , not Thymosin Beta-4;

• In late 2014, Prime Minister Tony Abbott inadvertently welcomed the ‘President of Tasmania when he meant to welcome the President of China. In a similar inadvertent mistake, Deputy Opposition leader, Tanya Plibersek, on separate occasions, referred to Africa as a country.

12 January 2012: (Page 182): Charter also emailed a document to both Mr Dank (stevedank@hotmail.com) which described “How to use TB-500 (Thymosin Beta 4)’. The document described the optimum means by which to prepare, administer and store Thymosin Beta-4. Within the body of the accompanying email Mr Charter asked Mr Dank to check the document to ensure his concurrence with the protocols suggested ‘so we can make [the Thymosin Beta-4] up accordingly’. The document contained the statement that it was ‘For research purposes only’. Within Mr Charter’s document it is recommended that Thymosin Beta-4 be administered subcutaneously, at the optimum frequency of ‘one vial per [subcutaneous] injection per week for 6 consecutive weeks, then 1 vial per month’. The frequency rate of administration for ‘Thymosin’ on the players’ ‘Patient Information/Informed Consent’ form is ‘1 Thymosin injection once a week for six weeks and then 1 injection per month’.

My Comment:

• (Page 184): Alavi was engaged to supply peptides for the Medical Rejuvenation Clinic and Best Buy Supplements company (Sydney based companies in which Dank had a business interest). Dank was entitled to use Thymosin Beta-4 in his clinics.

• Dank did not request the document sent by Charter. The fact that Charter sent the document proves nothing. Over the duration of the Rudd / Gillard Governments, half of Australia received anti-Labor and anti-Muslim emails which they didn’t request, and which they had no interest in acting on.

• Dank’s clinics had been administering and selling Thymosin and Thymosin Beta-4 well before Charter sent the document to Dank. Dank knew the protocols for administering both Thymomodulin and Thymosin Beta-4. Charter’s unsolicited document This doesn’t prove Dank administered Thymosin Beta-4 to the players.

• There is no evidence that substances bought by Dank’s clinics were administered to the players.

12 January 2012 (Page 162) There is no record of Como Compounding Pharmacy having supplied EFC with ‘Thymomodulin (Thymosin)’. The only relevant invoice relates to ‘Peptide Thymosin’ – but Como Compounding Pharmacy subsequently reversed that transaction (debit to credit) before removing from the invoice altogether. To date, no other supplier of Thymosin to EFC has been identified.

My Comment:

• There is also no record of Como Compounding Pharmacy having supplied EFC with Thymosin Beta-4.

• Highlighting there being no record of Como Compounding Pharmacy supplying Thymomodulin and ignoring that there is also no record of it supplying Thymosin Beta-4 is further evidence of ASADA bias.

• Jobe Watson testified to ASADA that Dank explained to him that there was a form of Thymosin (Thymomodulin) that was approved by WADA and a form that was banned [Thymosin Beta-4]. Watson said he was injected with the good Thymosin which he was told by Dank was Thymomodulin. Writing in the Australian on 28 December 2013, Chip Le Grand said: “Watson described the bottle from which Dank administered his injection. His description is understood to match a bottle of Thymomodulin stored in Dank’s fridge at Essendon and photographed by assistant coach Dean Wallis. Inconceivably, in what could only be described as a corrupt act, Watson’s evidence on this matter was not included in the Interim Report. Watson’s evidence was undoubtedly the most sound and most crucial evidence in the whole saga, yet ASADA left it out. Unfortunately, it is impossible to know what evidence ASADA fiddled with and impossible to know what other evidence was omitted.

• Page 163 of the Interim Report: “Dean Wallis disclosed to investigators an occasion sometime after ‘Round 14’ of the 2012 season (30 June) – but more likely ‘around grand final week – when he attended Dank’s office at the club. Although Dank was not present at the time, Wallis entered the office and inspected Dank’s fridge. Inside the fridge Wallis observed a vial of Thymomodulin and recorded this observation by taking a picture of the vial with his telephone. Wallis has since produced a copy of that image to ASADA.”

15 January 2012 (Page 183) Charter contacted Alavi via SMS stating, ‘Hi Mate. Thymosin – 20 x 5 ml vial Steve request. Do you know when it will be ready’? In reply Alavi stated ‘Should be ready today sometime’. On 16 January 2012 (Page 183) Alavi advised Charter via SMS that he had ‘a few problems with the Thymosin. Charter then replied to Alavi that he had ‘contacted the manufacturer to get some ideas.

My Comment:

Thymosin Beta-4 doesn’t have to be compounded, which indicates the substance was Thymomodulin, which does have to be compounded.
18 January 2012: (Page 183) Essendon was billed by Alavi for 7 vials of Hexarelin (in addition to those 14 vials supplied on 10 January 2012 and 26 vials of ‘peptide Thymosin’ (at a combined cost of $9860) allegedly delivered (to Dank) on 18 January 2012. In all, Charter invoiced Alavi on 30 January 2012, for a variety of services totalling $14,025 plus GST’. (665 Interview Charter and ASADA 8 May 2013) of which the commodities he had sourced from China were listed under the billing heading ‘peptides raw powders and sourcing costs’ and totalled $7925 [peptides] and travel $2500’. (666 Invoice dated 30 January 2012 addressed to Como Compounding: Total $14,025 Plus GST [produced by Charter during interview.]). Mr Charter had clearly added a considerable profit margin to the peptides. (667 Interim [unrecorded} telephone conversation between Charter and ASADA on 12 July 2013. The conversations were not recorded as Mr Charter had contacted the ASADA investigator out of hours and unexpectedly.)

My Comment:

The commodities he (Charter) had sourced from China were listed under the billing heading ‘peptides raw powders and sourcing costs’. It is incomprehensible that ASADA believes this is evidence that Thymosin Beta-4 was supplied to Essendon. ASADA needs to produce a document with Thymosin beta-4 having been supplied for it to be accepted as evidence.

30 January 2012: (Page 183) Charter invoiced Alavi for a variety of services totalling $14,025 plus GST of which the commodities he had sourced from China were listed under the billing heading ‘peptides raw powders and sourcing costs’ and totalled $7925 [peptides] and travel $2500’. Charter had clearly added a considerable profit margin to the peptides. (667 Interim [unrecorded] telephone conversation between Charter and ASADA on 12 July 2013. The conversations were not recorded as Charter had contacted the ASADA investigator out of hours and unexpectedly.)
 
31 January 2012 (Page 183) Como Pharmacy sent Essendon FC an invoice for various substances including ‘Hexarelin’ and ‘Peptide Thymosin’. The invoice recorded that on 10 January 2012, Essendon was supplied 14 vials of Hexarelin with a further 7 vials supplied on 18 January 2012 in conjunction with 26 vials of ‘Peptide Thymosin’ believed to be Thymosin Beta-4. However, on a subsequent invoice dated 29 February 2012, both the Hexarelin and ‘Peptide Thymosin’ costs were re-credited to the Club and did not form part of the final amount ultimately paid by Essendon, under the authority of Hamilton sometime after 11 April 2012.

My Comment:

• “In conjunction with 26 vials of ‘Peptide Thymosin’ believed to be Thymosin Beta-4.” Believed by whom? There is no evidence to substantiate that it was Thymosin Beta-4.

• Alavi is on record as saying he didn’t have the substance tested so he didn’t know what it was. It is therefore unconscionable for ASADA to claim it was Thymosin Beta-4.

• There is no evidence Thymosin peptide is Thymosin Beta-4. The fact that ASADA repeatedly made this statement throughout the interim report without any proof is an indictment on ASADA, not proof the players were administered Thymosin Beta-4.

(Page 184): Although Alavi was engaged to supply peptides for the Medical Rejuvenation Clinic and Best Buy Supplements (Sydney based companies in which Dank had a business interest), from Charter’s perspective, the raw materials he obtained from China were at the behest of Dank and were intended to fulfil Dank’s order.

My Comment:

• It is unconscionable for ASADA to offer as evidence “from Charter’s perspective”. ASADA didn’t even require Charter to quote from an alleged conversation.

• The fact that ASADA has not produced a single piece of paper proving Dank ordered anything notwithstanding, ASADA has no evidence that Dank was ordering for Essendon and not the Medical Rejuvenation Clinic and Best Buy Supplements.

ASADA Comment: Charter stated that it was his job to guide the compounding process and to determine the ‘best recipe’ for the required peptides: ‘So this is what I’d say, so for Steve [Dank] or for Nima [Alavi] – that was my job to find out what’s the best preservative, solvent, how can we get a six month shelf life. So what I’d do is I’d tell them how it’s made up, “what you need to add to it as an antibacterial”, “what you need to add as a solvent”, and what’s the best diluent to use. So that’s what I said, “okay. This is what I believe.” And I put it all in here, and then I’d send it to Steve and Nima and say, “Steve, just check you agree with below, so we can make it up accordingly.” How to use Thymosin Beta 4, what the preservative is, what the solvent is. ”Have you got a problem with that? Do you think the sodium chloride at 35% is going to give them welts or problems?” And he’d say, “yep. No that’s fine. All good.” And we’d make it up’. (670 transcript of Charter / ASADA interview 8 May 2012).

ASADA: Steve Dank would come to you and say, “Look, we need A, B, C”, You’d go away and do the research, come up with, I suppose the best recipe?

Charter Yep

ASADA Then you’d go to China, source the best raw materials?

Charter No. So what he did first was say, “This is what – the list” – Get all that in. Once we’d got it, we knew that we could do … it was just a matter of trial. So we got all the peptides in first then just tinkered … till we got it right. (671 Charter / ASADA interview 8 May 2013).
Charter recalled that he and Alavi worked out a price list for the peptides ordered by Dank, a copy of which has been provided to ASADA (672 Charter / ASADA interview 8 May 2013).

My Comment:

• ASADA has not provided any evidence that Dank’s companies ordered and paid for substances which were used by Essendon players.

• The above exchange is an outrageous example of ASADA leading the witness. Ironically, it doesn’t matter. Charter can say whatever ASADA wants him to say or whatever he wants to say. The bottom line is he didn’t even deliver a milk shake to Dank let alone Thymosin Beta-4, and he did see Dank administer anything to an Essendon player.

(Page 185): The billing arrangements for Charter’s business venture with Alavi and Dank were as follows:

• He would source the raw product for Alavi;

• Alavi would then compound the peptide and supply it to Dank;

• Alavi would collect the money for the entire transaction from Dank;

• He would invoice Alavi for the raw product and the invoiced amount would be paid into his bank account. (673 Charter / ASADA interview 8 May 2013).

My Comment;

Charter had an arrangement with Alavi; and Alavi had an arrangement with Dank. There is no direct business arrangement between Charter and Dank.
ASADA Comment: (Page 186): Investigations to date have failed to discover any evidence to suggest that Essendon paid for AOD-9604 or (Thymosin (Alpha or Beta-4). This despite the evidence that both AOD-9604 and Thymosin (Beta 4) were administered to players.

My Comment:

• This is unconscionable and deceitful. There is no evidence Thymosin Beta-4 was supplied to Essendon

• There is no evidence Thymosin Beta-4 was administered to the Essendon players.

• It was very deceitful of ASADA to link AOD-9604 with Thymosin. AOD-9604 was administered to the Essendon players. ASADA knows it was provided free-of-charge to Essendon because the firm believed the product could be worth “billions” if it received TGA approval. The firm eventually complained it had provided too much free product.

ASADA Comment (page 167): Mr Charter told ASADA investigators that he had no direct knowledge of Essendon’s supplementation program. Mr Charter admitted to having operated outside the constraints of WADC. It was his view that, as a biochemist, if you want to control an environment, you take [the athlete] outside of the control of the club so that you can maintain the athlete independent from what the club believes is the best way to move them forward’. Mr Charter stated that this would also apply to testing the players’ blood.

My Comment:

• “Mr Charter told ASADA investigators that he had no direct knowledge of Essendon’s supplementation program. Charter therefore should not be a witness.

• Mr Charter admitted to having operated outside the constraints of WADC.

ASADA Comment: From Charter’s perspective his role was to simply source the raw peptide material and did not get involved in the compounding process required to convert the powder to injectable form as specified by Dank: (668 interview Charter and ASADA 8 May 2013):
ASADA: So you never saw the finished product, and how it went off to Steve [Dank]? [my emphasis]
Charter: Never, Never. No . [my emphasis] So I would just communicate electronically, Steve would tell me what he wants made up [and] when … I would tell Nima [Alavi], tell him what solvents , he would go make it , go from there – because my job was quality control … sourcing the products. Nima was manufacturing and Steve was effectively, the marketing as such. (668 interview Charter and ASADA 8 May 2013):

My Comment:

• Charter never saw the substances so he can’t throw any light on what was delivered to Alavi on 28 December 2011.

• Charter can’t throw any light on whether Thymosin Beta-4 was delivered to Essendon

• Charter can’t throw any light on whether any Essendon players were administered Thymosin Beta-4.

• There is no evidence of Dank ordering anything from Charter

• There is no evidence of Charter delivering any substance to Dank or Essendon

• There is no evidence of Charter invoicing Dank

• There is no evidence of either Dank or Essendon paying Charter.

• As the veracity of a lot of the useless information Charter provided is non-existent, or very questionable, it’s incomprehensible why ASADA relied upon him as a witness.

• There is only one issue on the table. Is there any evidence Alavi supplied Essendon with Thymosin Beta-4. The answer is no. Alavi can’t tell us so why anyone thinks Charter’s evidence is relevant is beyond me.

 
I have included a summary of the MARK FRENCH –V- AUSTRALIAN SPORTS COMMISSION AND CYCLING AUSTRALIA - Court of Arbitration for Sport because I believe it highlights why ASADA was so reckless to lay charges against the Essendon players. This is an edited version of the document which appears on the Australian Sports Commission web site:

In December 2003, a number of substances were discovered in the room of cyclist Mark French at the Australian Institute of Sport’s Del Monte Facility in Adelaide. As a result, there was an initial internal inquiry, followed immediately by an independent inquiry by Mr Justin Stanwix who found that there may have been a number of breaches of the Australian Sports Commission’s (ASC) anti-doping policy and that of Cycling Australia (CA). Mr Stanwix recommended that the matter be referred to the Court of Arbitration for Sport (CAS) for hearing.
Infraction notices were issued against Mark French and referred for hearing in the Court of Arbitration for Sport. On 8 June 2004, CAS Arbitrator Mr Malcolm Holmes QC ruled that Mark French had committed a total of eight breaches of the ASC and CA anti-doping policies and as a result was banned for a period of two years and fined $1,000. Mark French appealed against the CAS ruling.
On 30 March 2005, the CAS Appeal Panel announced that it has upheld Mark French’s appeal and overturned the June 2004 CAS Award. The CAS Appeal Panel was made up of Professor Richard H. McLaren (President); The Honourable Allan W. McDonald QC and Henry Jolson QC

They found, inter alia:

1. In relation to the standard of proof required for a finding of guilt. That pursuant to the Australian authority of Briginshaw v. Briginshaw and CAS jurisprudence, the standard of proof required to be met by the Respondents is somewhere between the balance of probabilities and beyond a reasonable doubt. The Appellant further submitted that although the CAS jurisprudence itself is silent on the issue, Briginshaw further stands for the proposition that the more serious the offence, the higher level of satisfaction the Panel should require in order to be satisfied of the offences charged. It was further submitted that given the serious allegations with respect to trafficking and aiding and abetting, and the consequences thereof, a very high standard almost approaching beyond a reasonable doubt is required for the Panel to accept that the offences have been proven. The Panel accepted that the offences are serious allegations and that the elements of the offence must be proven to a higher level of satisfaction than the balance of probabilities.

2. In relation to charges that he had used trafficked in prohibited substances, corticosteroid (allegedly contained in a supplement preparation called Testicomp) and equine growth hormone (eGH): The CAS found that there was no scientific evidence that the Testicomp French had admitted to using contained a prohibited substance; and insufficient evidence "to conclude to the necessary degree of satisfaction that the knowing use of eGH has been proven."

3. Two major problems with the case against French: The allegation that French used corticosteroids by injecting Testicomp failed because there was no scientific evidence that Testicomp contains corticosteroid. Testicomp is a homeopathic supplement, which is claimed on its accompanying literature to contain corticosteroid, but analysis of Testicomp failed to find corticosteroids in the product. “An admission to use of Testicomp does not amount to an admission that there had been use of a prohibited substance unless the product used is shown by chemical analysis to contain that which it purports to contain by its product leaflet," the CAS Panel said.

4. In relation to use and trafficking in eGH: The CAS Panel found problems with what would in a criminal case be termed the chain of custody of the waste bucket found in French's room. Other riders at the AIS facility in Adelaide had access to French's room and therefore the Panel said "we cannot conclude that there is sufficient evidence to lead to a conclusion that use of eGH by French is proven”.

5. The DNA evidence against French: The Panel concluded that the DNA recovered from a needle in the waste bucket and alleged to have been French's may have come from another source. Similar problems with the evidence and chain of custody issues caused the CAS to find that it was not proven that French had been involved in trafficking eGH.
Accordingly, French’s two year ban was lifted automatically and the $1000 fine rescinded.

Bruce Francis

[rockhole]

As the media appears to be only interested in the ramifications of a conviction, I thought I would try and guess what has happened at the tribunal and guess what EFC's defence would be. It is extremely long - 46 A4 pages. Obviously, it would be impossible to post comments to this post so I have created a second tpoic called responses to Suspected ASADA Case and EFC defence

Thanks, Bruce. Worth waiting for.

Will carefully dissect what you have put together.