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Table of Contents TABLE OF CONTENTS A. INTRODUCTION ............................................................................................................. 1 B. THE INFRACTION NOTICES SERVED ON THE PLAYERS ................................. 3 C. THE INFRACTION NOTICE SERVED ON STEPHEN DANK ................................ 5 C.1. Relevant clauses of the AFL Code ........................................................................ 5 C.2. Specific infractions alleged against Mr Dank ....................................................... 6 D. OUTLINE OF THE CASE OF THE ASADA CEO .................................................... 13 E. OUTLINE OF THE CASE FOR THE 32 PLAYERS ................................................. 14 F. OUTLINE OF THE CASE FOR THE 2 PLAYERS ................................................... 15 G. THE AFL ANTI-DOPING CODE ................................................................................. 16 G.1. Clause 1 - objectives of the 2010 Code ............................................................... 16 G.2. Clause 2 – definitions in the 2010 Code ............................................................. 16 G.3. Clause 3 - Application of the 2010 Code ............................................................ 17 G.4. Clause 5 – Prohibited Classes of Substances and Prohibited Methods ............... 17 G.5. Clause 6 – The WADA Prohibited List .............................................................. 18 G.6. Clause 11 – Anti Doping Rule Violations ........................................................... 18 G.6.1. Clause 11.2 - Use or Attempted Use by a Player of a Prohibited Substance or a Prohibited Method .................................................................................... 18 G.7. Clause 15 – Proof of Doping ............................................................................... 19 G.8. WADA Code 2009 .............................................................................................. 20 G.9. The WADA Prohibited List ................................................................................ 20 G.9.1. WADA Prohibited List 2009 (1 Jan 2009 to 31 Dec 2009) ............................. 20 G.9.2. WADA Prohibited List 2010 (1 Jan 2010 to 31 Dec 2010) ............................. 20 G.9.3. WADA Prohibited List 2011 (1 Jan 2011 to 31 Dec 2011) ............................. 21 G.9.4. WADA Prohibited List 2012 (1 Jan 2012 to 31 Dec 2012) ............................. 22 H. THE AFL RULES ........................................................................................................... 23 I. BURDEN AND STANDARD OF PROOF .................................................................... 24 J. THE HEARING............................................................................................................... 24 K. THE EVIDENCE............................................................................................................. 26 L. CIRCUMSTANTIAL EVIDENCE ................................................................................ 27 M. BACKGROUND .............................................................................................................. 28 N. ASSESSMENT OF EVIDENCE - DETERMINATION OF FACTS ......................... 32 i O. ASSESSMENT OF PARTICULAR WITNESSES’ CREDIBILITY AND RELIABILITY ................................................................................................................ 34 O.1. The credibility and reliability of Mr Alavi .......................................................... 36 O.2. The credibility and reliability of Mr Charter ....................................................... 38 O.3. The credibility and reliability of Mr Dank .......................................................... 40 P. STATEMENTS MADE BY DANK TO McKENZIE .................................................. 42 Q. THYMOSIN BETA 4: WAS IT A PROHIBITED SUBSTANCE? ........................... 44 R. THE TRIBUNAL’S TASK ............................................................................................. 48 S. THE ALLEGED VIOLATION BY EACH OF THE 34 PLAYERS .......................... 50 S.1. Introduction ......................................................................................................... 50 S.2. The first link: TB4 was sourced from China ....................................................... 51 S.2.1. The case as submitted by the ASADA CEO.................................................... 51 S.2.1.1. The first shipment: Mr Dank requested TB4 ................................. 52 S.2.1.2. The first shipment: Mr Charter purchases TB4 from GL Biochem ......................................................................................... 52 S.2.1.3. The first shipment: did the first shipment in fact contain TB4? .... 53 S.2.1.4. The second shipment ..................................................................... 54 S.2.1.5. The RD Peptides issue ................................................................... 55 S.2.2. Response by the 32 players to the ASADA CEO’s case ................................. 56 S.2.2.1. The alleged first delivery on 28 December 2011 ........................... 56 S.2.2.2. The alleged second delivery on 18 February 2012 ........................ 57 S.2.2.3. RD peptides ................................................................................... 58 S.2.3. Response by the 2 players to the ASADA CEO’s case ................................... 59 S.2.3.1. The alleged first delivery on 28 December 2011 ........................... 59 S.2.3.2. The alleged second delivery on 18 February 2012 ........................ 59 S.3. The second link: the TB4 was obtained by Mr Alavi, compounded and provided to Mr Dank in his capacity as sports scientist at Essendon .................. 60 S.3.1. The ASADA CEO’s case ................................................................................. 60 S.3.1.1. First supply of peptides .................................................................. 60 S.3.1.2. Mr Alavi first received TB4 on 28 December 2011 ...................... 60 S.3.1.3. Mr Alavi did not receive any peptide samples from Mr Charter ... 61 S.3.1.4. Evidence that the Thymosin received on 28 December 2011 was TB4 ......................................................................................... 61 S.3.1.5. Mr Alavi compounded TB4 for Mr Dank ...................................... 61 S.3.1.6. Concentration of TB4 dispensed in January 2012 ......................... 64 S.3.1.7. Mr Alavi dispensed TB4 to Mr Dank in his Essendon capacity .... 64 S.3.1.8. Mr Dank was placing non-MRC orders directly with Mr Charter. 65 ii S.3.1.9. Invoice #1924 (31 January 2012) .................................................. 65 S.3.1.10. Efforts made to obtain payment from Essendon for peptides ........ 65 S.3.1.11. Clear vials ...................................................................................... 66 S.3.1.12. Fried peptides ................................................................................ 66 S.3.1.13. Documentary evidence relating to the re-credit ............................. 66 S.3.1.14. Peptide manual .............................................................................. 67 S.3.1.15. Second supply of peptides ............................................................. 67 S.3.1.16. Evidence of receipt of second supply ............................................ 67 S.3.1.17. Timing of subsequent supplies ...................................................... 68 S.3.1.18. Second supply used to fill May 2012 orders .................................. 68 S.3.1.19. Bio-21 testing ................................................................................ 68 S.3.1.20. Mr Alavi compounded second supply of TB4 ............................... 69 S.3.1.21. Second supply was dispensed to Mr Dank in his Essendon capacity .......................................................................................... 69 S.3.2. Response of the 32 players regarding receipt, compounding and supply of TB4 .................................................................................................................. 70 S.3.2.1. The alleged first shipment ............................................................. 70 S.3.2.2. The alleged second shipment ......................................................... 71 S.3.2.3. Bio-21 documents .......................................................................... 72 S.3.3. Response of the 2 players regarding receipt, compounding and supply of TB4 .................................................................................................................. 72 S.3.3.1. The first delivery............................................................................ 72 S.3.3.2. The absence of Essendon records is an important consideration ... 73 S.3.3.3. The second delivery ....................................................................... 73 S.3.3.4. Bio-21 testing ................................................................................ 73 S.3.3.5. Player interviews ........................................................................... 74 S.3.3.6. Different Thymosins ...................................................................... 74 S.4. The third link: Mr Dank administered TB4 to each of the Players ..................... 75 S.4.1. The ASADA CEO’s case ................................................................................. 75 S.4.1.1. Common
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