AFL ANTI-DOPING TRIBUNAL FRIDAY, 19 DECEMBER 2014 DAY THREE (TRANSCRIPT-IN-CONFIDENCE) - - - - -

CHAIRMAN: MR DAVID JONES MR JOHN NIXON MR WAYNE HENWOOD

COUNSEL ASSISTING: MR JUSTIN HOOPER

- - - - -

MR J. GLEESON QC with MS R. ENBOM appeared on behalf of AFL. MR M. HOLMES QC with MR P. KNOWLES appeared on behalf of the CEO of ASADA. MR D. GRACE QC with MR B. IHLE appeared on behalf of 32 players. MR N. CLELLAND QC with MR S. NORTON appeared on behalf of Mr and Mr

- - - - - 1 CHAIRMAN: Good morning. We are ready to proceed. Could 2 I just indicate that Mr Abrahams asked Mr Hooper whether 3 he could have a copy of the transcript in relation to the 4 time that he was here for the purposes of his application. 5 My initial reaction was to think, "Oh, that's probably all 6 right." But, having gone through it, I have sort of 7 thought differently about that in terms of not so 8 much - I'm not in any way reflecting anything on 9 Mr Abrahams, but I'm just a bit concerned about where the 10 transcript gets to beyond there, bearing in mind what we 11 continue to read in the press. So what I thought was, if 12 there was agreement from the Bar table, that perhaps we 13 could give him a transcript of the ruling and I think 14 that's quite - there's nothing in that. 15 MR GRACE: We agree. 16 MR HOLMES: We agree also. 17 CHAIRMAN: So we will let him have the transcript of the 18 ruling, but otherwise we won't make it available. I think 19 that's the prudent course, if everyone agrees. 20 MR CLELLAND: Yes. 21 CHAIRMAN: Mr Holmes. 22 MR HOLMES: Thank you. Yesterday I had taken the Tribunal 23 through the text messages on 8 January where Charter and 24 Alavi were talking about the Hexarelin being mixed up by 25 the end of Monday, and then the text messages on 9 26 January - - - 27 CHAIRMAN: I think we had got to a document which is AS-3, 197, 28 which you indicated would be of some significance. 29 MR HOLMES: Yes, that's right. The text messages reflect the 30 preparation, the compounding of the Hexarelin by Alavi on 31 the 8th and the 9th and then the dispensing of it on the

.AFL Anti-Doping Tribunal 168 MR HOLMES 19/12/14 1 10th, which is 197, and that's the reference to - - - 2 CHAIRMAN: Yes. Shall we get that again? 3 MR HOLMES: Yes. AS-3, 197. I had taken the Tribunal to the 4 entry on 10 January on the left-hand side, 14 Hexarelin 5 for $4,200. 6 CHAIRMAN: Yes. That's where we were yesterday. 7 MR HOLMES: Yes. The reference to "Customer MRC ICB" and then 8 that changes on 13 January to "Customer Steve Dank". 9 CHAIRMAN: Yes. 10 MR HOLMES: Then that changes on 18 January to "Como 11 Compounding Pharmacy". There is some evidence about what 12 that means and it's found in the evidence of Vania 13 Giordani. It's in AS-5, volume 3. 14 CHAIRMAN: Can you give us a tab? 15 MR HOLMES: It is tab 35, the last tab in the folder. 16 CHAIRMAN: Interview with Vania Giordani on 14 February 2014. 17 MR HOLMES: Yes. She has a bit of an accent. She is being 18 interviewed by Aaron Walker. At page 2 of the transcript 19 you will see her name and details. Then on page 3 of the 20 transcript you will see that she's asked if she needs 21 representation, and she says she hopes not. Nima Alavi 22 was her representative, that's her employer. So he was 23 present for her whilst she was being interviewed. 24 CHAIRMAN: So she was employed by him. 25 MR HOLMES: Employed by him. He was there. This is in 26 February this year. If we go forward to page 36, the 27 submission I'll be putting is that the reference there to 28 the name of the customer appears to be a reference to the 29 price that is being charged. It's not a reference to the 30 person to whom it's delivered. 31 So, at the top of page 36 they are asking about

.AFL Anti-Doping Tribunal 169 MR HOLMES 19/12/14 1 invoices. At first at line 5 she says, "I think it was 2 the date it was dispensed. Dispensed date? Yes. Okay. 3 You see next to the cream it has MRC. MRC, what does that 4 mean? That's probably a special price for them." 5 This entry is not clear, and it's one of the 6 matters we were going to ask Mr Alavi about if we had the 7 opportunity to have a further interview. On the foot of 8 page 37 at line 40, just after where she said, "The reason 9 is we probably didn't resell that again to MRC. Yes, 10 never." Then line 40, "So all of them would have looked 11 like the scalp lotion, and then once we started demanding 12 prescriptions, then I went through and edited - well, 13 either I did it or - I think I did most of them. I edited 14 them and put MRC next to them with a special price for 15 their patients." Giordani, "Yes." 16 Then over at page 38 - - - 17 CHAIRMAN: This is Mr Alavi talking. 18 MR HOLMES: Well, he seems to chime in. 19 CHAIRMAN: So he's sort of come in and given comments whilst 20 she was being interviewed which has been transcribed. 21 MR HOLMES: Yes. 22 CHAIRMAN: Okay. 23 MR HOLMES: Over on page 38, line 20, "So the accuracy of these 24 invoices remains in the fact that on that date those 25 substances or those quantities were supplied to ICB? Yes. 26 The references to MRC relate to the price discount? Yes. 27 Then you edited it in when you were going through and 28 doing a review of the process." I think that's the only 29 reference until the very last page. 30 MR GRACE: Where were you reading from just then, what line? 31 CHAIRMAN: 20 to 30.

.AFL Anti-Doping Tribunal 170 MR HOLMES 19/12/14 1 MR HOLMES: 20 to 30, yes. 2 CHAIRMAN: On page 38. 3 MR HOLMES: The evidence is not terribly clear, but as I say 4 that's all we wish to put in relation to this. 5 CHAIRMAN: Did you want to draw our attention to anything on 6 the last page? 7 MR HOLMES: The last page, it's just as Delphic. The first 10 8 lines. 9 CHAIRMAN: Yes. 5, "So the MRC addition was you just going 10 away and squaring away the discount price." 11 MR HOLMES: Yes. So it's not as clear as we might like. 12 Coming back to the beginning of January, I'm now going to 13 11 and 12 January 2012. After the Hexarelin order had 14 been compounded and apparently collected by Mr Dank, there 15 were more text messages exchanged about what peptides 16 Mr Dank needs next. If I go to AS-4 at page 34. 17 CHAIRMAN: This is on the text messages. 18 MR HOLMES: Text messages, page 34. 19 CHAIRMAN: Yes. 20 MR HOLMES: Page 34, line 53. So it's the next day, 21 11 January. Line 53, Mr Charter asked Mr Dank, "What 22 peptide do you need next?" So that question is further 23 evidence that there had been a peptide supplied before 24 that. Then at line 54 he's asked quantities. Then Dank 25 replies to Mr Charter, "Thymosin Beta-4 then CJC." 26 Now, if we just hold that open and go to page 12. 27 Mr Charter, having been told that by Mr Dank, at page 12, 28 line 220 - - - 29 CHAIRMAN: Page 12 of? 30 MR HOLMES: Of the same volume. So Charter asked Dank, "Which 31 one do you need next?" Dank says, "Thymosin Beta-4."

.AFL Anti-Doping Tribunal 171 MR HOLMES 19/12/14 1 Then Charter passes the message on to Nima Alavi, line 2 220, "Thymosin Beta-4. Then CJC-1295. Steve wants next." 3 Then we go back to page 34 and it is now the next day. At 4 line 56, on the 12th Dank texts Charter, "Hi, mate. 5 Thymosin 20 by 5 ml vials." Mr Charter having got those 6 instructions from Mr Dank, we go back to page 12 and at 7 line 224, Mr Charter on the 12th passes that on to 8 Mr Alavi by saying, "Hi, mate. Thymosin 20 by 5 ml vials. 9 Steve's request." 10 CHAIRMAN: Which he does on the 12th. 11 MR HOLMES: Yes. That's the instructions for the next peptide 12 after the Hexarelin. 13 Can I go then to AS-3, bearing in mind it's now 14 12 January and at page 227 the instructions are to make up 15 Thymosin Beta-4, as we have just discussed in those text 16 messages. At page 227 on 12 January, Thursday, Shane 17 Charter sends a text message to Nima Personal @alavigroup 18 and steve.dank@gmail and the message is, "Steve, just 19 check you agree with the below so we can make it up 20 accordingly ..." I'm reading from page 227. 21 CHAIRMAN: Yes, we have it. 22 MR HOLMES: You have it? 23 CHAIRMAN: Yes. 24 MR HOLMES: This is a very important document, bearing in mind 25 the lead-up we have got in the text messages. It is "How 26 to use TB500 (Thymosin Beta-4)." That's repeated. Then 27 it's "For research use only. Research has shown that the 28 best results are achieved when using a sterile saline 29 solution to mix the TB500 (Thymosin Beta-4)." 30 Then there's an important couple of lines about 31 preparing it, that it will be used immediately and if

.AFL Anti-Doping Tribunal 172 MR HOLMES 19/12/14 1 dosages are lower they must be stored in a fridge and be 2 used within eight days. There's vial preparation. 3 "Remove the plastic protective cap of the sealed vial 4 containing the powder of peptides. Insert the filled 5 syringe of 2 ml of sodium chloride solution into the 6 rubber top of the vial and release the 2 ml sodium 7 chloride into the vial. Remove the syringe and gently 8 rotate the vial until the powder is completely dissolved. 9 Ensure that the solution is well mixed with all powder 10 thoroughly dissolved for maximum safety and effectiveness. 11 The administration is by a subcutaneous SC injection." 12 Then the frequency. "Research studies have 13 further shown that one 2 ml vial subcutaneous injection 14 each week for six consecutive weeks provides the best 15 results. Thereafter use only one 2 ml vial per month. 16 It's best to give the subcutaneous injection six days 17 before intense workouts. Therefore for best results, one 18 vial per sub-Q injection per week for six consecutive 19 weeks, then one vial per month (the glass vial is 2 ml 20 with 10 mg TB500 per vial), so it is 10mg/2ml." 21 CHAIRMAN: I assume we are going to hear more about this. 22 MR GRACE: Could I say, sir, that we object to this document. 23 CHAIRMAN: On what basis? 24 MR GRACE: Going in as to the truth of its contents. We say 25 that it is substantially contraindicated by the Handelsman 26 report. It's also contraindicated by other materials that 27 will be tendered. Could I also refer the panel to the 28 newspaper article in this morning's Australian. I don't 29 know if you have seen it. I seek to tender that. 30 CHAIRMAN: We have seen it, yes. 31 MR GRACE: Yes, but I seek to tender that. I will provide it

.AFL Anti-Doping Tribunal 173 MR HOLMES 19/12/14 1 to my friends. 2 CHAIRMAN: This is the first for Mr Grace, I think. PG-1. 3 #EXHIBIT PG-1 - The Australian newspaper article dated 4 19/12/14. 5 CHAIRMAN: But, Mr Grace, this document, as I understand it, is 6 being put - the evidence is that this is something being 7 put forward by Dank - - - 8 MR GRACE: No, this is from Charter to Alavi and 9 forwarded - - - 10 CHAIRMAN: Sorry, it's Charter to both Alavi - - - 11 MR GRACE: Alavi and Dank, yes. 12 CHAIRMAN: And Dank, but the comments are addressed to "Steve". 13 That's Dank. It's putting forward for his consideration a 14 method of use of this particular product. 15 MR GRACE: Yes. 16 CHAIRMAN: What you are objecting to - you can't object to it 17 being put forward on that basis. 18 MR GRACE: No. 19 CHAIRMAN: It's clearly relevant in that sense. What you are 20 objecting to is that it being evidence that that in fact 21 was the way this product should be administered. 22 MR GRACE: That's one issue. The second issue is that the 23 product TB500 is the same as Thymosin Beta-4. The third 24 issue is that there's a presumption that Alavi has 25 possession of either TB500 or Thymosin Beta-4, and there 26 is no proof of that. The dosages insofar as they suggest 27 some method of administration, and later on we will no 28 doubt hear that this is comparative to the consent forms 29 signed by the players as indicating a similar form of 30 dosage, insofar as that's meant to provide some support as 31 that being the correct dosage, we object to that, to all

.AFL Anti-Doping Tribunal 174 MR HOLMES 19/12/14 1 of those matters being accepted as the truth. 2 CHAIRMAN: Okay. Clearly your objection relates to the 3 Tribunal's use of this document. 4 MR GRACE: Yes. 5 CHAIRMAN: That objection is noted in terms of the use that you 6 have outlined in your objection. 7 MR GRACE: Yes. Thank you, sir. 8 CHAIRMAN: Do you want to say anything further about this 9 article? 10 MR HOLMES: I'm not sure whether the article - - - 11 MR GRACE: Yesterday reliance was placed on some comments made 12 by Mr Charter in some newspaper article. We throw that 13 into the mix. What's good for the goose is good for the 14 gander. We are dealing with some interesting characters 15 here who seem to be playing out their - - - 16 CHAIRMAN: That's the understatement of the week. 17 MR GRACE: But insofar as any reliance is to be placed on 18 newspaper articles - - - 19 CHAIRMAN: You would like us to take that into account. 20 MR GRACE: Yes. 21 CHAIRMAN: We will. 22 MR GRACE: And give it whatever weight you think. 23 CHAIRMAN: Whatever weight we think is appropriate, yes. 24 MR GRACE: That applies across the board, I would think. 25 CHAIRMAN: Yes. You continue, Mr Holmes. We have just dealt 26 with frequency. 27 MR HOLMES: Yes. I had got to the heading "Contraindications". 28 Then, "No known contraindications exist with other 29 research peptides. However, the product has not been 30 thoroughly tested to know its full contraindications and 31 the product should not be used if the subject is pregnant

.AFL Anti-Doping Tribunal 175 MR HOLMES 19/12/14 1 or breast feeding." 2 Then storage. "Store the product at room 3 temperature in a non-humid environment. An open vial can 4 be kept for up to eight days in refrigerated storage. 5 Regards, Shane Charter." 6 That email is sent to Alavi when he's making up 7 the next peptide and to Dank. At that time the players at 8 the club started to get restless and Dr Reid became aware 9 that players were being given substances without his 10 knowledge. So he approached Mr Hird in January because he 11 believed that the players had received injections of a 12 peptide he knew nothing about. Can I take you to 13 Dr Reid's transcript. 14 CHAIRMAN: Yes. 15 MR HOLMES: Tab 3, AS-5.1. 16 CHAIRMAN: Interview with of 18 February 2013. 17 MR HOLMES: Yes. Page 18. It starts at the foot of page 17. 18 Dr Reid's evidence is also not terribly clear. At about 19 line 40 he's being asked, still in 2011, "I don't know 20 what I got next. Then I've just made a note about over 21 the road pre-Christmas Steve Dank was always in our ear 22 about supplements, not our ear, everyone's ear, everyone's 23 ear about supplements and he was talking only about amino 24 acids and vitamins. But when he - no, I can't say that. 25 I'm not sure. I'm not sure when he started the 26 subcutaneous injections. I'm not sure on that. But he 27 told me they're amino acids, which I presume is a white 28 lie because peptides are amino acids, but, you know. Can 29 I ask a question." This is at the top of page 18. Then 30 he seems to mix it up with, "This has all blown up in the 31 last two weeks." You see the date of the interview. He

.AFL Anti-Doping Tribunal 176 MR HOLMES 19/12/14 1 seems to jump back and forward. 2 "This has all blown up in the last two weeks and 3 - with the players, I've tried - my talk to the players 4 has been limited to a few because they are very anxious. 5 So I don't want to go round saying 'Did you have this? 6 When did you have it?' But I've asked a few and most of 7 them say 'I don't think much happened subcutaneously 8 before Christmas'", and that's where he is referring to 9 2011. "But you found out after. And that's when I wrote 10 my letter." His letter is the one that comes on 17 11 January, so I'm still before that. 12 CHAIRMAN: Yes. 13 MR HOLMES: Then he says, "So we're still pre-Christmas. So at 14 this stage I'm pretty happy with the amino acids and 15 vitamins and stuff, although he did keep mentioning a drug 16 AOD-9604 which had kept slipping out of my mind and I'd 17 never read up on a peptide. I have never prescribed a 18 peptide. I've never really .... that I know anything much 19 about peptides and I definitely haven't ever prescribed 20 growth hormone in my whole 45 years of medicine. So this 21 is new territory to me, but at this stage pre-Christmas, 22 amino acids and vitamin, that's it, no idea about sub 23 injections. He said some amino acids are better 24 subcutaneously, which I questioned. You know, I said .... 25 but now realise, for instance, AOD in the literature has 26 definitely .... so that is true. Anyway, so then that's 27 pre-Christmas. Then I wrote my letter on the 15th." 28 That evidence is supplemented by Mr Hird under 29 the previous tab 2. That's tab 3 for Dr Reid. At page 74 30 of the same volume, tab 2, question 485, "Now, you've 31 raised a couple of times" - - -

.AFL Anti-Doping Tribunal 177 MR HOLMES 19/12/14 1 MR GRACE: What tab? 2 CHAIRMAN: Page 74. 3 MR HOLMES: Tab 2 of the same folder. Hird is being asked 4 about this. 5 MR GRACE: What number question? 6 MR HOLMES: 485. "Now, you've raised a couple of times now 7 Bruce Reid approaching you in January. Yes, I think 8 I might just deal with that now. Because you've raised it 9 a couple of times. Rather than putting it aside, if you 10 can in as much detail, James, take me through those series 11 of events. We got back from holidays I think the 8th or 12 the 7th or 8th, start pre-season training I'm pretty sure 13 on the 8th, which was the Monday. Bruce approached myself 14 and I think Mark Thompson, but I'm not sure whether Mark 15 was there or not, concerned that Steve Dank had injected 16 our players with a product called AOD-9604 without his 17 permission. I was concerned that this had happened and 18 asked to see Dean, Steve, Mark, Bruce and Paul Hamilton. 19 I can't exactly confirm whether Paul was in the meeting. 20 And the question was asked quite aggressively to Stephen 21 and to Dean as to why this had occurred, and their answer 22 was along the lines, 'Well, we have, we haven't. You 23 know, it hasn't occurred sort of, you know. It's - you 24 know, we just - we hadn't intended for it to occur' and at 25 that meeting it was decided that no more supplements were 26 to be given to the players before Bruce had obviously 27 approved them. And out of that meeting, the process that 28 we had in place back in November was formally talked about 29 and Dean was sent away to record that process, and that's 30 a belief that Stephen and Dean got together and talked 31 about that and that process with Bruce and then we

.AFL Anti-Doping Tribunal 178 MR HOLMES 19/12/14 1 received an email on 15 January." 2 Can I then go to a meeting about 15 January which 3 is at page 229 of AS-3. It is a series of notes written 4 by Dr Reid which go from page 229 through to 242. I don't 5 propose to take you to it, but in Dr Reid's transcript at 6 page 14 these notes were written in early February 2013, 7 so just before he was going along to be interviewed he 8 collected his thoughts and referred to whatever records he 9 had. 10 CHAIRMAN: That's a year later. 11 MR HOLMES: So it's a year later. 12 MR GRACE: The notes, sir, you can see continue as if they are 13 a recounting of what happened in 2012 up to post-Anzac 14 Day. 15 CHAIRMAN: Yes. 16 MR HOLMES: All right. They are an aide memoire written a year 17 later. 18 CHAIRMAN: They are not contemporaneous. All right. Yes, 19 Mr Holmes. Do you want to take us to any particular 20 aspects of these notes? 21 MR HOLMES: I'm going through it on 15 January. 22 CHAIRMAN: All right. It is headed "15 January 12 meeting 23 Hird, Bomber" - - - 24 MR HOLMES: The psychologist, who is Jonah Oliver. Then 25 there's the words "not happy". That's Dr Reid. As 26 Mr Hird had said, "One, you must prove it's legal, you 27 must prove it's safe, you must explain to the players. 28 There must be informed consent." Then there seems to have 29 been some discussions which followed that. If I then go 30 to CB - that's the meeting that I have taken the Tribunal 31 to at page 74 and 75.

.AFL Anti-Doping Tribunal 179 MR HOLMES 19/12/14 1 CHAIRMAN: In the same volume? 2 MR HOLMES: No, that's the one I have just read to you. 3 CHAIRMAN: In Hird's transcript. 4 MR HOLMES: Yes. So that's the aggressively saying to Mr Dank, 5 and that repeats those numbered points. 6 At the end of that meeting Mr Robinson was tasked 7 to affirm the protocols, which he did at page 243. If you 8 go to page 243, it's an email. There are two emails. 9 It's the one at the bottom of the page from Robinson, "Hi, 10 guys." This is on 15 January. "Subsequent to this 11 morning's meeting I thought it pertinent that we have a 12 written outline of the process and procedures we will 13 follow for supplementation. Steve, once you've identified 14 a supplement we would benefit from that is not 15 contravening any laws of sport based on the WADA Code, you 16 have agreed to the following dot points with Dr Bruce 17 Reid: One, provide Bruce Reid with a summary of the 18 literature which will include, one, both the scientific 19 name and its common name, all clinical findings both 20 positive and negative, state to the best of your knowledge 21 the known or potential side effects, both short and 22 long-term, a complete list of references for his perusal 23 should he need any further information and a statement 24 from you that this supplement is not contravening any WADA 25 guidelines. Once Bruce Reid has received the above 26 information, he will have sufficient time to make a 27 recommendation as to its suitability for use with our 28 players. If Dr Reid requires further information, this 29 will be provided to him so he can be completely 30 comfortable that in the event of him recommending a 31 supplement, in the best of his knowledge it does no harm.

.AFL Anti-Doping Tribunal 180 MR HOLMES 19/12/14 1 He will present his recommendation back to the head coach, 2 high performance coach and Steve Dank. If the supplement 3 is recommended, then a letter of informed consent will be 4 produced and given to the player to sign prior to the 5 first administration of the supplement. The player will 6 have a right of refusal and also be able to refuse the 7 supplement at any point in the future. As part of the 8 informed consent the player will be made aware that it is 9 our competitive advantage and in being so that they are 10 not permitted to speak about our supplement program 11 outside the head doctor, the head coach, high performance 12 coach and Steve Dank." 13 So there is a protocol put forward which keeps it 14 a secret because this is some sort of intellectual 15 property of Mr Dank and Mr Robinson. Then it is signed, 16 "If I've missed anything, please let me know. Best 17 regards, Dean." 18 Mr Hird responds the same day with the short 19 things he seems to be consistently saying, "One, it must 20 not harm the player. Two, it must not be illegal 21 according to WADA or AFL drug guidelines. Three, we must 22 get player consent." 23 Immediately after that is sent, and you will see 24 Mr Robinson sends his on the 15th at 12.41 pm. Mr Hird 25 responds very promptly at 2 pm the same day, it appears. 26 If we go over the page, Mr Robinson at the top of page 245 27 sends to Bruce Reid on Sunday the 15th at 12.42, that's 28 immediately following his email, the email which has all 29 of those attachments. What I would like to do now, 30 gentlemen, is to tender that email. 31 CHAIRMAN: We haven't already got it?

.AFL Anti-Doping Tribunal 181 MR HOLMES 19/12/14 1 MR HOLMES: No, you don't. It wasn't in the bundle. 2 CHAIRMAN: This is all the attachments, is it? 3 MR HOLMES: This is the email with all of the attachments. 4 MR GRACE: We object to this, sir. 5 CHAIRMAN: On what basis? 6 MR GRACE: It is of no relevance to these proceedings. There 7 is nothing about Thymosin in any of this. 8 CHAIRMAN: Well, let's see. Your objection is noted, Mr Grace. 9 We are not in a position to rule upon this at the moment 10 in terms of relevance, bearing in mind where we are at in 11 relation to the presentation of the case. 12 MR GRACE: You are being provided with a huge amount of 13 material here and we would suggest that the panel enquire 14 of Mr Holmes as to the relevance of the material as it is 15 sought to be tendered because the Tribunal is going to be 16 spending, we would suggest, if all this material is read, 17 a considerable amount of time on matters that are not 18 relevant to the issue of the infraction notice. 19 If I could just repeat the sole issues are 20 whether Mr Alavi ever had in his possession, for the 21 purposes of compounding, Thymosin Beta-4, and if he did, 22 whether Mr Dank was provided with that for use on the 23 players and, if he did, if he did so receive it, whether 24 he injected the players with it. That's the sole issue. 25 All of this surrounding material, we can make 26 concessions, we can make admissions. Yes, Mr Robinson was 27 providing Mr Reid or Mr Dank was providing Mr Robinson 28 with all this material about all these other substances. 29 There's no doubt about it. There's no doubt about that 30 Dank had possession of banned substances from time to 31 time, whether provided by Alavi, Charter, Anthony or

.AFL Anti-Doping Tribunal 182 MR HOLMES 19/12/14 1 whoever. We don't dispute any of that. We just don't 2 want the time of this panel to be effectively wasted, we 3 would suggest, on reading all of this additional material. 4 CHAIRMAN: All right. Mr Holmes, what would you like to say to 5 that objection? 6 MR HOLMES: 7 8 9 10 11 12 13 14 CHAIRMAN: Leaving aside the point you have just made, would 15 this have any particular relevance as far as the case 16 against Mr Dank is concerned? 17 MR HOLMES: Yes, it is. It is actually leading me now to a 18 diversion to that case. But it is another example of 19 these documents being used in the same way by Mr Robinson 20 and Mr Dank. That's back at the . 21 CHAIRMAN: We will receive it, but the objection of Mr Grace is 22 recorded. We will receive it. We are sufficiently 23 satisfied of its relevance, as far as we are aware of the 24 situation at the moment, to receive it. 25 MR CLELLAND: Just before Mr Holmes continues, Mr Chairman, can 26 I just lend my voice at least to this aspect of what 27 Mr Grace has just raised. We would find it of great 28 assistance if Mr Holmes could, when he is referring to 29 material like this, just indicate how it is actually put 30 against the players, not so much against Mr Dank. 31 CHAIRMAN: Yes, all right. He has heard that and no doubt he

.AFL Anti-Doping Tribunal 183 MR HOLMES 19/12/14 1 will take that on board. This will be AS-8, which is the 2 attachments, I think you would say, to an email of 3 15 January 2012 from to Bruce Reid. 4 #EXHIBIT AS-8 - Attachments to email of 15/1/12 from Dean 5 Robinson to Bruce Reid. 6 MR HOLMES: That is what was sent to Dr Reid on 15 January 7 2012. Gentlemen, if you look at the attachments, how they 8 are listed in the heading to the email, the first one is 9 to SARMs S22, SARMs study, SARMs versus steroids, CJC 10 protocol, HGH, human growth hormones, and CJC, 11 testosterone and then SARMs, selective androgen receptor 12 modulator, and then we have steroidal androgens and 13 non-steroidal, and then we have prolonged stimulation of 14 growth hormone with CJC. We then have AOD-9604 and we 15 have Mechano Growth Factor. 16 Gentlemen, can I just ask you to pick up AS-2. 17 AS-2 is the banned substances. 18 CHAIRMAN: That's the prohibited substances. 19 MR HOLMES: Yes. If you had received that in 2012 and you 20 wanted to see if those substances were caught by the 21 prohibited list, you would see that - - - 22 CHAIRMAN: That would be under tab 5. 23 MR HOLMES: The last tab, yes, tab 5. The first one, SARMs 24 S22, SARMs study and selective androgen receptors, that is 25 specifically referred to in S1 anabolic agents, paragraph 26 2 on page 3, where it says, "Other anabolic agents 27 including but not limited to" - and then you have 28 selective androgen receptor modulators, SARMs. So the 29 SARMs that are the subject of those papers are prohibited. 30 If we go to steroids, we can see in S1 on page 2, 31 the first numbered paragraph, anabolic androgenic steroids

.AFL Anti-Doping Tribunal 184 MR HOLMES 19/12/14 1 and they are also there. Testosterone is referred to in 2 subparagraph 1(a) of S1. Then we go to growth hormones 3 and Mechano Growth Factor and if you look at S2 4 subparagraph (5), Mechano Growth Factors, MGFs. 5 So it is a collection of prohibited substances 6 and those substances were prohibited under the 2010 list 7 where you see the same references to anabolic androgenic 8 steroids. We see the references to selective androgen 9 receptor modulators, SARMs, and we see the reference to 10 Mechano Growth Factors and growth hormones. So they were 11 swamping the poor doctor with hundreds of pages of 12 information about banned substances. 13 But can we now go back in time and I want to 14 extract myself from Essendon and go back to the time when 15 Mr Robinson and Mr Dank were working together at the Gold 16 Coast Suns in 2010. On that page - - - 17 CHAIRMAN: This is relating to the infraction notice against 18 Dank? 19 MR HOLMES: Yes. I'm still on this page 245. 20 CHAIRMAN: 245 of AS-3. 21 MR HOLMES: Yes. At the foot of page 245, these PDF files with 22 information on GHRPS, do you see that? 23 CHAIRMAN: Yes. 24 MR HOLMES: Growth hormone releasing peptides, the substances 25 that are banned by the WADA Code, and SARMs. That was 26 sent by Darren Hibbert to Steve Dank on 7 November 2010. 27 Mr Dank sends it immediately to Mr Robinson, this peptide 28 research. 29 30 I move back to that period of 2010 and in AS-3, 31 if we go back to page 40 of that bundle.

.AFL Anti-Doping Tribunal 185 MR HOLMES 19/12/14 1 CHAIRMAN: Yes, that's a letter from the Gold Coast Suns. 2 MR HOLMES: It's a letter from the Gold Coast Suns to Dean 3 Robinson about a position commencing on 1 October 2010. 4 Mr Robinson, before he went to the Gold Coast Suns, was at 5 the , and before that he was at the 6 Manly Rugby League Club. At the Manly Rugby League Club 7 he was working with Mr Dank, and that's where they 8 appeared to have met. That comes from their CVs. 9 There is a CV of Mr Dank starting at page 1 10 and goes over to page 3. There is a specific reference to 11 the Manly Rugby League Football Club. 12 CHAIRMAN: 204 to 207. 13 MR HOLMES: I just have to collect Mr Robinson's CV. If you go 14 to page 316. At 316, if you line them up, you will have 15 Mr Robinson. The specific entry appears at 322. He's the 16 performance manager at Manly Warringah Sea Eagles in 2004 17 to 2006 at 322 and he remains a consultant there from 2007 18 to 2008, before going to Geelong in 2007 and 2010. While 19 he's at the Geelong Football Club he involves 20 Mr Dank - and you can see that at page 20 - he involves 21 Mr Khan and Mr Dank at the Geelong Football Club. 22 CHAIRMAN: This is reference to an invoice. 23 MR HOLMES: From Applied Orthopaedic and Science Consultancy. 24 You will need to look at the dramatis personae. In the 25 dramatis personae - - - 26 CHAIRMAN: Yes, I have that. 27 MR HOLMES: You will see the Applied Orthopaedic - - - 28 CHAIRMAN: Orthopaedic Sciences. 29 MR HOLMES: A company owned by Steve Dank. 30 CHAIRMAN: Perhaps we ought to formally receive that document, 31 Mr Holmes, whilst we are looking at it. We will make it

.AFL Anti-Doping Tribunal 186 MR HOLMES 19/12/14 1 AS-9. 2 MR HOLMES: You are making that page - - - 3 CHAIRMAN: The dramatis personae. We hadn't formally marked it 4 before. We will make it AS-9. 5 #EXHIBIT AS-9 - Dramatis personae. 6 CHAIRMAN: You have just taken us to the Applied Orthopaedic 7 Sciences Pty Ltd, which is described in the document as a 8 company owned by . Was that one of the 9 companies you sought documents from? 10 MR HOLMES: It's a company we have done a company search on but 11 not searched - - - 12 CHAIRMAN: Okay. So this is the invoice to Geelong. 13 MR HOLMES: Yes. If we go to page 35, they are dealing with an 14 invoice from a company called Injury Care Pty Ltd. Injury 15 Care Pty Ltd in that last exhibit - - - 16 CHAIRMAN: A medical practice which provides injury 17 rehabilitation services. Dr Ijaz Khan is a director. 18 MR HOLMES: Yes. At page 35 - actually it is over at page 36 - 19 there is an email, copied to Ijaz Khan. The subject is, 20 "Injury Care Pty Ltd invoice 247". "Leanne, as per our 21 telephone conversation please find invoice as requested. 22 Your urgent payment attention to this would be much 23 appreciated. Please do not hesitate to contact me if you 24 have queries." 25 Then that is passed on to Leanne Napper of the 26 Geelong Cats from Neil Balme on the foot of page 35. Then 27 at the top of the page, Neil Balme from the Geelong Cats 28 on 9 March 2010, "Leanne, I've spoken to Dean", and we 29 take that as a reference to Dean Robinson, "and he will 30 fix this. If you need to talk to the creditor, tell them 31 that their man Steve Dank knows all about what should be

.AFL Anti-Doping Tribunal 187 MR HOLMES 19/12/14 1 charged, et cetera." So we have Dank, Ijaz Khan and 2 Robinson working together at the Geelong Cats. 3 Coming forward now to the Gold Coast Suns, we 4 have at page 40 Mr Robinson being offered the employment 5 with the Gold Coast as the high performance manager. It's 6 at the foot of the page. "The role of high performance 7 manager currently reports to the football manager and your 8 responsibilities will be discussed and outlined in the 9 position description," and the commencement date as I said 10 is 1 October. 11 If we go to 1 October, which is at page 50, we 12 see that the day that Mr Robinson commences with the Gold 13 Coast Suns he is accompanied by Steve Dank, who provides a 14 monthly invoice on 31 October, 30 November, and so at that 15 stage we have them both working together at the Gold Coast 16 Suns. 17 We now have some evidence about a player Mr 18 which is at page 48 of the bundle. 19 is registered as a player with the Gold Coast Suns 20 and we have an injury and the response of Mr Robinson and 21 Mr Dank to the injury of the athlete at the Gold Coast 22 Suns which has a resonance and is relied upon in relation 23 to both Mr Dank and to the players 24 25 Can I take you to document 16 in court book B. 26 I think I should give you a different reference, 27 gentlemen. Mr Robinson has provided a statement which is 28 in AS-4 under tab 2, section 1. 29 CHAIRMAN: Just give us a page. 30 MR HOLMES: Page 36 of AS-4. It's a statement of Dean 31 Robinson. Paragraph 1, "One of our players at the Suns,

.AFL Anti-Doping Tribunal 188 MR HOLMES 19/12/14 1 had suffered from an ongoing and severe 2 achilles injury during the previous couple of seasons. 3 Steve Dank and I were having a conversation on or about 4 7 November 2010 about injury and whether there 5 were any supplements we could give him to aid in his 6 recovery. Steve suggested CJC-1295, CJC. Steve assured 7 me that it did not fall into any category of banned 8 substance under the 2010 WADA Code as it was a 9 secretagogue. He said it did not contravene the WADA Code 10 and it did not appear anywhere on the ASADA website and he 11 also told me that he had spoken to ASADA at length about 12 the legalities of the secretagogue and that ASADA and WADA 13 had no cause for concern in relation to their use. Steve 14 sent me an email and told me to specifically refer to the 15 CJC use protocol for an understanding about how the 16 substance was viewed by WADA." 17 Following Steve's suggestion, in or about two or 18 three weeks later I consulted Andrew McKenna and Andrew 19 Weller" - they were part of the high performance team at 20 the Gold Coast Suns - and told them that there was a 21 supplement we could give to that would help his 22 injury. Guy McKenna said words to the effect it was fine 23 as long as it was discussed with the club doctor, Dr Barry 24 Rigby. I forwarded a previous email sent to me by Steve 25 about supplements, specifically peptides, to Dr Rigby, 26 Dr Ohmsen, Dr Andrew Weller and Carloss on 27 7 December." 28 That last exhibit that I tendered, AS-8, you will 29 see that - sorry, it's not in AS-8. It is in AS-3 at page 30 228. Sorry, there is an email going from Mr Robinson. 31 CHAIRMAN: What page are we at in AS-3? Is that the one you

.AFL Anti-Doping Tribunal 189 MR HOLMES 19/12/14 1 were referring us to? 2 MR HOLMES: Sorry, gentlemen, page 454 of AS-3. There we have 3 the initial email from Darren Hibbert to Steve Dank on 4 7 November. We then have him passing it on to Dean 5 Robinson on 7 November 2010. Then we have the missing 6 email where Dean Robinson passes it on to Dr Barry Rigby, 7 and then , at the football 8 club, Andrew Weller, Paul Ohmsen at his work address and 9 also at the Gold Coast Football Club. Again he provides 10 that to - - - 11 CHAIRMAN: That's to Rigby. 12 MR HOLMES: To Rigby, yes. We then have Mr Dank bringing the 13 CJC-1295 up to Mr Robinson's house. Mr Dank is in 14 . Mr Robinson is up at the Gold Coast. If 15 I take you to page 52, this is a diary kept by 16 Mr Robinson's wife. Mr Dank, who is only a consultant to 17 the club and started the same day as Mr Robinson, has 18 recorded that in December 2010, on the left-hand side 19 between Tuesday the 14th and Tuesday the 15th there is an 20 entry there, "Danksy staying until Friday." So he comes 21 to Brisbane and stays with Mr Robinson. 22 If we go then to back to the statements. As 23 I say, this is relevant to all parties, the statement at 24 page 36. 25 CHAIRMAN: This is the statement of Robinson. 26 MR HOLMES: Yes. Mr Robinson says that he spoke to Dr Rigby on 27 Monday, the 13th, "and asked him to speak to Steve about 28 the supplement CJC. I reminded him that I had forwarded 29 him information on it in my email of the previous week." 30 CHAIRMAN: That's the one you have just referred to. 31 MR HOLMES: Yes, that's the very thick peptide research.

.AFL Anti-Doping Tribunal 190 MR HOLMES 19/12/14 1 "I told Dr Rigby that Steve would be at the club on the 2 Wednesday the 15th in the morning and I asked him to speak 3 with Steve about approving CJC for use. I recall him 4 saying words to the effect that this was fine and that he 5 would have time to speak to Steve when the team meeting 6 was on. I recall this conversation took place in 7 Dr Rigby's office." 8 Then on the afternoon of the 14th, that's 9 Tuesday, "Steve arrived at my house on the Gold Coast and 10 brought with him a vial of CJC in a styrofoam box packed 11 with a small box of dry ice and a box full of syringes." 12 I correct what I said earlier. "Steve lived in Sydney, 13 but travelled to the Gold Coast for work. When on the 14 Gold Coast for work at the Gold Coast Football Club he 15 would stay with us." 16 Then coming to the Wednesday. "On the Wednesday 17 the 15th I spoke to Dr Rigby reminding him of our 18 conversation on Monday to ensure he spoke with Steve as 19 planned. He reiterated he would and again said he could 20 do so when the team meeting was on. That morning I headed 21 to the team meeting involving players and coaches. As 22 I recall, on my way to this meeting I said to Dr Rigby, 23 who was just outside his office, 'Are you right to meet 24 with Steve now?' At that time Steve was standing to my 25 left just outside my office. Dr Rigby then responded that 26 he was. Next I saw Steve and Dr Rigby go into Dr Rigby's 27 office, which office was right next to mine. I recall 28 seeing Steve go into Dr Rigby's office holding two sheets 29 of paper titled 'CJC use protocol'. From my recollection 30 that morning Steve printed these documents from my 31 computer to the printer in the sports room, science room.

.AFL Anti-Doping Tribunal 191 MR HOLMES 19/12/14 1 I saw them go into Dr Rigby's office and close the door. 2 I believe their meeting lasted 15 to 20 minutes. At the 3 end of that meeting Dr Rigby said to me he and Steve had a 4 good discussion and he was fine for us to give CJC. 5 I recall this brief discussion took place just outside our 6 respective offices. I recall Steve witnessed this brief 7 conversation." 8 Can I say, gentlemen, the material we have 9 included from Dr Rigby is at page 53 of AS-3. Dr Rigby 10 says that could not have happened because, as page 53 and 11 54 reveal, he was rostered on to work in the intensive 12 care unit at the local hospital and he was working, 13 rostered from 8 am in the morning until 6.30, and his 14 attendance sheet for that day showed that on the 15th he 15 was at the hospital from, it looks like, 8 o'clock until 16 12 o'clock and then from 1 o'clock until 5 o'clock. 17 That's on 15 December. So that part of the evidence of 18 Mr Robinson we would place before you, but we would also 19 place before you the contrary evidence. 20 Then continuing with Mr Robinson's statement, 21 this is at page 38. "On the afternoon of the 15th," 22 that's the Wednesday, "I approached Josh Fraser 23 and Campbell Brown to see if they were interested in using 24 the supplement CJC. I only approached these players after 25 Dr Rigby had given his authorisation for its use. 26 I described it to them as it was described in the CJC use 27 protocol as an injectable whey protein. said he 28 was interested and Josh and Campbell declined. My 29 conversations with Josh and Campbell took place in the 30 verandah between the gym and the office. My first 31 conversation was with I recall it was outside the

.AFL Anti-Doping Tribunal 192 MR HOLMES 19/12/14 1 players' change room. At no stage was the offering 2 concealed in any manner." 3 That's the Wednesday. On Thursday the 16th, 4 " came over to my house on the Gold Coast where 5 Steve was staying at the time. Upon entering the house we 6 proceeded out to the back deck. I recall we engaged in 7 small talk. Following this I went back inside to retrieve 8 the vial from the fridge and put the syringes Steve had 9 brought in a plastic bag and the vial in a green cooler 10 bag with dry blocks of ice that Steve had kept with the 11 vial to keep the temperature low during its transit from 12 Sydney. I proceeded back to the deck and gave the 13 packages to Whilst I was inside I believe that 14 Steve and were discussing its use. was told 15 it would cost $800 for the vial and it would last him six 16 months if he used it at the rate of 0.2 ml twice a week. 17 I recall Steve explaining to that he thought it 18 could help him and he told it had been discussed 19 with Dr Rigby yesterday and that Dr Rigby approved its 20 use." That's a sentence we don't accept. 21 " said he would bring the money for Steve 22 for the supplement in the following days." There is 23 record of that payment which I will take you to. "At the 24 time I was also" - this is Robinson - "I was also using 25 CJC for personal health reasons. It is to the best of my 26 recollection that I had not had my own dose of CJC that 27 was due that day and so I demonstrated self-administration 28 to I also said to he could get more 29 syringes from the pharmacy at Pindara Hospital. 30 Understanding that the stigma can be attached to the use 31 of and obtaining syringes, I told he may want to

.AFL Anti-Doping Tribunal 193 MR HOLMES 19/12/14 1 say that he was getting them for his girlfriend who had an 2 endocrine disorder as I had done this when getting the 3 syringes for my wife for her medical needs. Once 4 was satisfied with how to administer the supplement, we 5 walked to the front door. Upon walking to the front door, 6 as we were passing the kitchen, both Steve and 7 I reiterated to that if he had any questions he 8 should call Dr Rigby and clarify with them. I recall at 9 the time said words to the effect that he trusted 10 us. Following this I recall telling him that was 11 appreciated but he should still discuss any concerns at 12 all he had with Dr Rigby." 13 "On the 19th returned the green cooler bag 14 to me at the club prior to a team trip to Maroochydore. 15 asked me how he should make payment because he 16 would likely not see Steve until next January. I said 17 that I could pass the payment on to Steve. asked 18 me whether I would prefer cash or an electronic funds 19 transfer. I gave my bank account details and he 20 deposited the money on 20 December. I subsequently passed 21 the money on to Steve, combined with the money that I owed 22 him for my wife's supplements." Mr Robinson was acquiring 23 the peptides from Mr Dank. 24 Then there is some more self-exculpatory 25 assertions by Mr Robinson. "In or around 30 December 26 I did some of my own research into the new WADA guidelines 27 that were about to come into effect. My reading of the 28 Code and its wording raised some questions in my own mind 29 about the status of peptide hormones and what was 30 categorised or classed as a peptide hormone." This is the 31 very peptide hormone research he used to give to Dr Reid

.AFL Anti-Doping Tribunal 194 MR HOLMES 19/12/14 1 in Essendon a year later. "Though it was not part of my 2 job to assess and determine the status of supplements, 3 I have always endeavoured to understand these often 4 complex and evolving issues." 5 Just interposing there, gentlemen, that's why 6 I referred to the same words in the banned list being the 7 titles of these publications that he circulates to club 8 doctors. "Notwithstanding my continual efforts to educate 9 myself, I have always relied on the club's doctors' 10 approval of every supplement before it's provided to a 11 player. My understanding in every club role I have been 12 involved in is that approval by a club doctor means that 13 the supplement is WADA and ASADA compliant and can be 14 safely given to a player. It has never been my role to 15 make an ultimate determination on whether a supplement is 16 approved for use by players." 17 Insofar as Thymosin is concerned, there is no 18 evidence of any such approval being obtained from the 19 Essendon club doctor. I continue, 17, "Following my 20 research I rang and asked him whether he had used 21 the CJC. told me he hadn't used it yet, nor had he 22 taken it with him on holidays to Adelaide. I recall 23 saying words to the effect, 'Good. I'm not completely 24 sure about its standing. You need to double-check it with 25 Barry.' I then rang Steve to discuss the matter. 26 I questioned Steve about whether CJC might fall under a 27 peptide hormone and be caught by S2. Steve assured me 28 that it did not fall into any category of banned substance 29 under the 2011 WADA Code as it was a secretagogue which 30 are not classified under the WADA Code. Steve also 31 reiterated this point that it did not appear anywhere on

.AFL Anti-Doping Tribunal 195 MR HOLMES 19/12/14 1 the ASADA website and that he had spoken at length with 2 ASADA about the legalities of the secretagogues and that 3 ASADA and WADA had no cause in relation to their use. 4 I was satisfied with this explanation, together with 5 the knowledge that Dr Rigby had approved the supplement 6 for use, and thought nothing further of the matter until 7 it was raised as a result of the current investigations." 8 Then can I take you back to page 55 of AS-3 and 9 that is the commencement of the records of the payment of 10 the $800. At page 55 we have an entry on the financial 11 records of Mr Robinson, 21 December 2010 from Mr 12 Peter and the surname is left out, and it is 13 described as "Supplements, electronic transaction" and his 14 account was credited with $800. 15 If you go up over the page you see the records 16 start on page 57. "Hello, Dean. As per your request, we 17 have provided the following information regarding the 18 deposit of funds for the amount of $800 on 21 December 19 2010." The external account name, it came from "Mr 20 Peter" and the surname is missing, Mr The reference 21 on the transaction was "Supplements". Looking up the BSB, 22 it came from a Westpac Bank at Glenelg. That's the 23 reference to - - - 24 CHAIRMAN: So this is Robinson's account? 25 MR HOLMES: This is Robinson's account. 26 CHAIRMAN: That the money has gone in. 27 MR HOLMES: The money has transferred from to Robinson. 28 Then you have Robinson's admission that he paid the money 29 to Mr Dank, in addition for some that he was paying for 30 his wife's supplements. 31 Can I then go back to where we were.

.AFL Anti-Doping Tribunal 196 MR HOLMES 19/12/14

1 the hell's this new supplement program that we're doing? 2 What is it? These injection shit, I don't like it. 3 Where's it coming from? I want to know what we're' - you 4 know, what is - the players were concerned. 'Look, I've 5 never heard of injections being done before' as - that was 6 the common theme from the group." 7 So the leadership group were concerned about 8 these injections and so that was raised on 16 January. At 9 the same time Dr Reid in exhibit AS-3 at page 257 - it 10 starts at 256, sorry. It's Tuesday 17 January. Dr Reid 11 writes his letter to and Paul Hamilton. "Dear 12 James, Paul. I have some fundamental problems with being 13 the club doctor. This particularly applies to the 14 administration of supplements. Although we have been 15 giving supplements for approximately three months, despite 16 repeated requests as to exactly what we are giving our 17 players and the literature related to this, I have at no 18 time been given that until last Sunday." That's where he 19 was swamped with that large email with the peptide 20 research. 21 "Last week the players were given subcutaneous 22 injections not by myself and I had no idea that this was 23 happening and also the drug that was involved. It appears 24 to me that in Sydney with rugby league the clubs do not 25 answer to the governing body, the AFL. It seems that 26 their whole culture is based on trying to beat the system 27 as are close to the edge as one can. It's my belief in 28 AFL that we should be winning flags by keeping a drug-free 29 culture. It's all very well to say this is not banned and 30 that is not banned but for example, the injection that we 31 have given to our players subcutaneously" - this is what

.AFL Anti-Doping Tribunal 199 MR HOLMES 19/12/14 1 was his belief at the time - "was a drug called AOD-9604 2 is an Oligomeric peptide. This drug is derived from the 3 growth hormone. This molecule has been constructed so 4 that it has removed what we call IGF-1 which is part of 5 the growth hormone that causes muscle and organ growth and 6 bone length and photosynthesis. It is at the moment used 7 for fat metabolism but also bone strength in children and 8 may have some side effects that are beneficial in bone 9 growth. This to me just seems ludicrous at the stage 10 where the only trials I have got are on how to lose weight 11 and fat around the abdomen. If we are resorting to 12 deliver this altered growth hormone molecule I think we 13 are playing at the edge and this will read extremely badly 14 in the press for our club and for the benefits and also 15 side effects that are not known in the long-term. I have 16 trouble with all these drugs." 17 Over the page, "I'm still not sure whether 18 AOD-9604 is approved by the drug authorities in Australia 19 at this stage. Just because it is not classified as 20 illegal doesn't mean that it can be used freely in the 21 community. It cannot. The other interesting thing about 22 AOD-9604 is that its market in America is in bodybuilders. 23 This should also raise a red flag if we are worried about 24 perception. When we come to Actovegin, this has been used 25 around the world for many years. There is some flimsy 26 evidence that it may help in speeding up the healing of 27 tendons when they are damaged, although after speaking to 28 radiologists the recent opinion is that platelets in one's 29 own blood probably does a better job. We are claiming 30 that we should use it as a recovery agent. To me it seems 31 ludicrous that a few mls of calf's blood spun down is

.AFL Anti-Doping Tribunal 200 MR HOLMES 19/12/14 1 going to give you a concentration of growth factors and 2 other factors that would speed up recovery. I'm very 3 frustrated by this and now I feel I'm letting the club 4 down by not automatically approving of these things. 5 I need to collect my thoughts as these drugs have been 6 given without my knowledge. I'm sure Steve Dank believes 7 that what we are doing is totally ethical and legal, 8 however one wonders whether if you take a long stance and 9 look at this from a distance whether you would want your 10 children being injected with a derivative growth hormone 11 that is not free to the community and whether calf's blood 12 that has been used for many years and is still being 13 doubted by most doctors is worth pursuing." 14 Now, that's what's going on at the club. We need 15 to now go back to what Mr Alavi and Mr Charter are doing. 16 If we go to AS-4, you will recall that the last text 17 messages were that Mr Dank wanted some Thymosin Beta-4. 18 CHAIRMAN: So chronologically we are at the same time. 19 MR HOLMES: Yes. So page 12, line 224, is where I had taken 20 you up to before I had diverted to the matters at the 21 Essendon club. Then on Sunday the 15th we have Charter 22 and Alavi in line 225 repeating that, but then Charter 23 asking Alavi, "Do you know when it will be ready?" And on 24 the 15th Alavi replies to Charter, "Should be ready today 25 some time." 26 Then go to 228. It seems that Mr Alavi, I quote, 27 "Got a few problems with the Thymosin formulation. Not 28 dissolving very well. Also I'm sending you a trial which 29 may be of interest." At 229, we are now on Monday the 30 16th, Charter to Alavi, "Contacted the manufacturer to get 31 some ideas. Try the CJC. That is the next one he needs."

.AFL Anti-Doping Tribunal 201 MR HOLMES 19/12/14 1 Then you need to go to page 38. At page 38 Shane 2 Charter in Melbourne is contacting Cedric Anthony. He was 3 the gentleman in Shanghai who picked it up. "Got a few 4 problems with the Thymosin formulation. Not dissolving 5 very well. Have tried to email supplier. Still no answer 6 on best way to dissolve. See if you ring them locally." 7 That was the 16th. 8 On the 17th can I take you to AS-3, the first 9 volume, at page 197. On 17 January, $1,300 worth of 10 multivitamins are supplied by Como Compounding Pharmacy to 11 . Then on the 18th Como dispensed 12 26 peptide Thymosin and seven vials of Hexarelin to the 13 Essendon Football Club. 14 MR GRACE: Sorry, eight Thymosin, was it? 15 MR HOLMES: No, there are three entries for the 18th. 16 CHAIRMAN: It's the last entry. 17 MR HOLMES: Yes. The first entry is for $3,840 and $6,500 and 18 they are reversed the same day. 19 MR GRACE: There is one before that. 20 MR HOLMES: The third entry, though, is not reversed that 21 month. The one before - there are three for the 18th. 22 The one on the 17th was the multi-vitamins, the $1,300 the 23 day before. 24 Now, that is on the 18th. On the 18th there's 25 also some text messages. If I could take you to page 12 26 and page 13. At page 12, now we have Charter contacting 27 Alavi at line 232 at the foot of the page, on the 18th. 28 "Can we have CJC and RP6 ready by Friday?" Then over the 29 page to page 13, Alavi is texting Charter and the message 30 is, "I've had a chat to Steve Dank. He is picking up some 31 of the peptides tomorrow. He is still researching

.AFL Anti-Doping Tribunal 202 MR HOLMES 19/12/14 1 Hexarelin. Have a chat to him. He may not need the 2 others for now. Also are you available tomorrow for a 3 quick cha? We can meet at the city." 4 At this stage we go back to the club and we go to 5 AS-3. Mr Robinson, at page 258, sends two documents to 6 Jonah Oliver, so Mr Robinson is the one who prepares the 7 document, it appears, to James Hird and to Mark Thompson. 8 There is an attachment, "Non-disclosure agreement EFC and 9 informed consent." If you go to page 259, Jonah Oliver 10 then sends it straight on to Mr Dank. You will note that 11 Dr Reid's not in the loop in this. Over the page you will 12 see the confidentiality agreement. 13 CHAIRMAN: This is 260, yes. 14 MR HOLMES: Yes. The confidential information is described and 15 includes an invention description, technical and business 16 information relating to proprietary ideas and inventions 17 ideas, patentable ideas, trade secrets, drawings and/or 18 illustrations. If I just stop there, it's obviously taken 19 not from a medical context but from a commercial patent or 20 trade secret context. This is in relation to what appears 21 to be medical treatment. 22 Then 2, "The recipient agrees not to disclose the 23 confidential information. The employee hereby covenants 24 and agrees that he or she" - it seems to have been taken 25 from another document - "will at no time disclose or 26 divulge." 4, "This agreement states the entire 27 agreement." 5, "Violation of this agreement by the 28 employee will entitle the employer to an injunction to 29 prevent such competition or disclosure and will entitle 30 the employer to other legal remedies, including legal fees 31 and costs."

.AFL Anti-Doping Tribunal 203 MR HOLMES 19/12/14 1 CHAIRMAN: So the disclosure is Mr Dank. The recipient is 2 presumably the Essendon Football Club. 3 MR HOLMES: I'm not sure. I think the players have to sign it. 4 CHAIRMAN: They would be an employee, wouldn't they? 5 MR HOLMES: They would be the employee. If I can use the term 6 "bush lawyers", it's not really clear. But if we go to 261 7 - - - 8 CHAIRMAN: That was the document that was provided. 9 MR HOLMES: That was the document that came from Mr Robinson to 10 Oliver, Hird and Thompson. Then Oliver passed it on to 11 Steve Dank. So it's Mr Robinson. 12 Now, at 261 it's the patient information informed 13 consent form and it's about "the intervention I'm 14 recommending for you". So it's a personal conversation 15 between, it looks like, the treating doctor and the 16 patient. "I will have a discussion with you. Be sure to 17 ask questions. Nature of the recommended intervention." 18 There's a blank. "I am recommending the following 19 intervention. Obviously if you are going to talk to 20 different people you will have different interventions." 21 And then the recommendation is based on certain 22 matters. "I recommend that because [blank]. The benefits 23 are [blank]. The prognosis or chance of success is 24 [blank]. The risks are [blank]. I expect it will take 25 [blank] length of time to complete. WADA compliance: All 26 components of the intervention are in compliance with the 27 WADA anti-doping policy and guidelines." 28 There is no annexure or no appendix and no 29 appendix has ever been produced. There is some suggestion 30 it might have existed, but - - - 31 CHAIRMAN: But you haven't got it.

.AFL Anti-Doping Tribunal 204 MR HOLMES 19/12/14 1 MR HOLMES: We haven't got it and nobody seems to describe it 2 with any clarity. 3 MR GRACE: Mr Oliver actually describes a document that he says 4 he saw, but there's been no copy found anywhere and the 5 description he gives, if the document did exist, 6 7 CHAIRMAN: Thanks, Mr Grace. 8 MR HOLMES: I continue. "There are alternative ways, however 9 I have chosen the one I think best suits your needs." The 10 medical practitioner or the person providing the service 11 describes those conditions. "If you have questions." 12 Then he sets out at the bottom of the page the risks. 13 Then over the page, "If you have any questions about these 14 complications or about any other complications, please 15 ask." 16 Then there is acknowledgment. "I have received 17 the information about the proposed intervention. I have 18 discussed my intervention with Mr Stephen Dank and have 19 been provided an opportunity to ask questions and have 20 them fully answered. I understand the nature of the 21 intervention, alternative treatment options and risks. 22 I wish to proceed" and then there is blank for it to be 23 signed. 24 CHAIRMAN: That seems, when you look at "Mr Stephen Dank" on 25 it, seems to proceed on the basis that the person signing 26 this is a patient of Mr Dank. 27 MR HOLMES: That's exactly right. That appears to be - - - 28 CHAIRMAN: That's the basis upon which this is being put 29 forward. 30 MR HOLMES: Yes. 31 CHAIRMAN: That the person would be a patient of Mr Dank and he

.AFL Anti-Doping Tribunal 205 MR HOLMES 19/12/14 1 would provide all this information and the person being 2 treated would then sign it. 3 MR HOLMES: Yes. You will recall at the outset the first thing 4 I took you to was the WADA Code and players have to 5 be responsible - athletes have to be responsible for 6 what's in their system. Even if a treating doctor 7 prescribes the treatment, they are responsible for it. 8 Here the players are getting a patient form from a sports 9 scientist and the alarm bells really should have been 10 ringing. But that's an aside. 11 CHAIRMAN: That's for another time. 12 MR HOLMES: Yes, another time. This is 18 January and if we go 13 to page 267, as well as supplying the peptides to 14 Essendon, Mr Alavi has sent to Eagle Pharmaceuticals, so 15 if you go to page 267, at the foot of the page we have an 16 email coming back from America, Carissa Camarillo, on the 17 Tuesday. She is writing to Jodie, who is Mr Alavi's PA. 18 If you look about three quarters of the way down the page 19 at 267, "PA Jodie Buckland". 20 CHAIRMAN: It's Como compounding, which is Alavi's company. 21 MR HOLMES: That's right. So on page 268 Carissa Camarillo, 22 the lab manager, assistant lab manager, says "Good 23 afternoon, Jodie. We received 13 samples from you on 24 Friday." That's the American January 20, 2012. So if you 25 can imagine, I interpose, on the 18th he delivers them to 26 Dank and on the 18th he sends samples to America which 27 arrive on about Friday the 20th. "Seven of the samples 28 received are in the process of being tested in the 29 laboratory. There are six, however" - - - 30 MR GRACE: Sorry, sir, can I just clarify one matter. I think 31 Mr Holmes said he delivered something to Mr Dank on the

.AFL Anti-Doping Tribunal 206 MR HOLMES 19/12/14 1 18th. I'm not sure that's the date that Thymosin was 2 delivered, or the substance said to be Thymosin. 3 MR HOLMES: Can I go back to 197. 4 CHAIRMAN: I thought it was 197. 5 MR HOLMES: Yes, that's what I was - - - 6 CHAIRMAN: Working off. 7 MR HOLMES: They are the three entries that I have described 8 before on 18 January. 9 CHAIRMAN: Yes. That was the third one, I think, that you 10 specifically were referring to, Mr Holmes. 11 MR HOLMES: Yes. 12 MR GRACE: Yes, but the problem is there's the text messages 13 that we have been taken to on pages 12 and 13 which say on 14 the 16th there's problems with the Thymosin formulation, 15 can't dissolve it. Then he's contacted the manufacturer, 16 or Charter has, to get some ideas about that. Then 17 there's discussion about picking up the CJC and RP6. 18 At line 233 on page 13, "Had to chat to Steve 19 Dank. He's picking up some of the peptides tomorrow." So 20 this is a text on the 18th, so we are talking about 21 picking up something on the 19th. "He's still researching 22 the Hexarelin. Have a chat to him. He may not need the 23 others for now. Also are you available tomorrow for a 24 quick chat?" But there doesn't seem to be any text 25 messages, unless I've missed them, in relation to 26 Thymosin. 27 CHAIRMAN: Okay. The objection or the point you raise is 28 noted. 29 MR GRACE: Also in the material that Mr Holmes seeks to rely 30 upon are statements, if it is admissible, from Alavi to 31 the effect that he would not want to provide anything to a

.AFL Anti-Doping Tribunal 207 MR HOLMES 19/12/14 1 customer unless he was sure of what he was providing, and 2 that's the reason why he sent all these samples over to 3 Eagle Pharmaceuticals for analysis. 4 CHAIRMAN: To have them checked. 5 MR GRACE: Yes. So there is a little bit of an incongruity 6 with all this. I also note on page 267 what he sent to 7 Eagle Pharmaceuticals has nothing to do with Thymosin 8 Beta-4. It is TB500. 9 MR HOLMES: I will join issue with that and I will come back to 10 it. 11 CHAIRMAN: In the end that's ultimately going to be a matter 12 for submissions from the parties in terms of how this 13 evidence is going to be interpreted, what inferences can 14 be drawn when one looks at all the circumstances. It is 15 helpful to have Mr Grace indicate that position at this 16 point because that's obviously something we have to take 17 into account. 18 MR HOLMES: Yes. The inference that we will be asking the 19 Tribunal to make is that the problems with the Thymosin 20 were resolved and, contrary to what he said, that he sent 21 off at the same time a sample to Eagle Pharmaceuticals and 22 some product to Mr Dank. 23 CHAIRMAN: Mr Grace's body language is indicating he will join 24 issue with that. That's all right. That's what it's all 25 about. That's why we are here. So we are still on 26 Carissa Camarillo. 27 MR HOLMES: Yes, 268. "We received the 13 samples from you on 28 Friday the 20th. Seven of the samples received are in the 29 process of being tested in the laboratory. There are six 30 that we need more information before testing can begin. 31 Would you be able to enlighten us on what Hexarelin,

.AFL Anti-Doping Tribunal 208 MR HOLMES 19/12/14 1 CJC-1295 and Thymosin Beta-4 are? We have not run across 2 these names before and therefore need more information." 3 I assume the samples were named Hexarelin, CJC-1295 and 4 Thymosin Beta-4. 5 Then the lady goes on, "(That is, the name of 6 active chemical structure and formula worksheet.) Once 7 our R&D chemist is able to look at the structure of these 8 chemicals we will be better able to decide what method and 9 what standards to use for testing process and if any 10 additional method development fees will be required." 11 I just ask you gentlemen to note that this may 12 cause an increase in the testing costs because they might 13 have to develop methods to test these unknown products. 14 "Regarding the HGH" - that's the human growth 15 hormone in the growth hormone releasing peptides 2 and 6 - 16 "we need to know what raw chemical you used in order to 17 compound these samples. We do not stock somatropin 18 because of the short lifespan of the chemical. We can 19 order the standard, however it would be helpful to know if 20 all three were compounded using the same raw ingredient. 21 When ordered through Sigma-Aldrich the cost of the 22 somatropin standard starts at $250 for 10 micrograms. You 23 may need to share the cost of the standard depending on 24 the amount of the standard needed to run the tests 25 assuming they all use the same standard. We will be able 26 to expedite your order as soon as we hear back from you." 27 Then if we go back to 263 in the same volume we 28 have on Thursday the 26th - so Tuesday the 24th was the 29 Eagle American email. Then on Thursday the 26th Shane 30 Charter is now contacting Steve Dank and saying, "Just 31 send me through what you needs are for the next few weeks.

.AFL Anti-Doping Tribunal 209 MR HOLMES 19/12/14 1 Also can you send me copies of the invoices Nima has sent 2 through so I can keep a check on the stock flows and 3 balances." One can speculate whether or not one person 4 who is involved wants to make sure that he's aware of all 5 of the costs of the venture. That's Thursday the 26th. 6 On the 28th can I take you to page 306 of the 7 text messages. That's the reference to the Medivet that 8 I have taken you to before. 9 CHAIRMAN: 306, is it? 10 MR HOLMES: Yes, it is line 30. 11 CHAIRMAN: We previously noted this. Hibbert to Dank. 12 MR HOLMES: Then the next is a text message on 30 January. 13 Gentlemen, this was a text message which was added to the 14 bundle. 15 CHAIRMAN: So it is not in this folder? 16 MR HOLMES: It should be at the very back of the folder. 17 CHAIRMAN: Yes, there are some on the 30th. Are these the 18 James Hird ones? Hird to Corcoran; Corcoran to Hird. 19 MR HOLMES: Yes, James Hird. 20 CHAIRMAN: It is 398, Mr Grace, of the folder AS-4. 21 MR HOLMES: These were just added. 22 CHAIRMAN: AS-4, and it's the last page of the text messages. 23 MR HOLMES: I will just read it slowly. On the 30th at 24 9 o'clock, "Hi, Dan. Hope all is going well. How is 25 Milan? No stress but need to organise a meeting with you, 26 Reidy, Danksy and Weapon the day you get back. Reidy has 27 stopped everything, which is getting a little frustrating. 28 Need to get your United Nations skills back in action." 29 Corcoran responds, "Hi, Jim. On way from ETC to 30 Milan by train now. Snowing. Facility brilliant but 31 ground a problem. Exploring the use of Milan LO AC

.AFL Anti-Doping Tribunal 210 MR HOLMES 19/12/14 1 Milan's facility. Missing work badly now, but glad I took 2 the time. You know I read your book on world doping while 3 away and once lay people start injecting players there are 4 always issues. We must be careful here for a host of 5 reasons. Next plane out of Milan Wednesday am. Looking 6 to catch up, Dan." 7 Hird to Corcoran, the third one, "Sounds great, 8 Dan. I don't think we would need a ground if we only do 9 our testing and a few rides and hikes there. Understand 10 about the injecting and don't want to push the boundaries. 11 Just need to make sure we are doing everything we can 12 within the rules as the other clubs are a long way ahead 13 of Reidy and us at the moment." 14 Gentlemen, I needed to be told who the Weapon 15 was. 16 CHAIRMAN: That indicates you come from Sydney, Mr Holmes. It 17 happens to be Mr Robinson, and that was a name he was 18 given by the Melbourne media. 19 MR HOLMES: Okay. If I can take you to 264. Mr Charter now 20 puts in his invoice for the travel costs and the work done 21 in sourcing the peptides. So on page 264 is 30 January to 22 Como Compounding. The bill is for 14,025. 23 MR GRACE: Could you outline what item 4 is because the stamp 24 is covering on our copy. 25 MR HOLMES: There are five items. The first one is for HCG, 26 and that's one of the substances we have been talking 27 about. Then 2 and 3, I think they relate to Viagra type 28 substances. Then 4 is peptides, raw powders and sourcing 29 costs, 7,925. 30 CHAIRMAN: And travel, 2,500. 31 MR HOLMES: Yes. Then marketing fees for Como Compounding,

.AFL Anti-Doping Tribunal 211 MR HOLMES 19/12/14 1 advertising, "Any of the HCG not required we can send 2 back. Also have the IGF-1, LR-3 200 mgs arrived as well 3 if you need this to fill the MRC order. Let me or Cedric 4 know." That's a reference to an invoice back on page 225. 5 Then there's a reference to, "Need to get the scales back. 6 Can order the more sensitive set for you, Cedric. Will 7 liaise as the supplier was going to get back by the start 8 of January." 9 CHAIRMAN: Just so I understand, Mr Holmes, the arrangement is 10 that he's purchased off the Chinese company, and then he's 11 billing Alavi for what's been supplied to Alavi to 12 compound, and then Alavi was the one who then billed the 13 club. 14 MR HOLMES: That's right. 15 CHAIRMAN: In relation to his costs which would include of 16 course the cost of the raw materials; have I got it right? 17 MR HOLMES: You have got it right. You can understand 18 why - - - 19 CHAIRMAN: It wasn't a situation where he billed, say, Essendon 20 direct for the raw material. That was billed to Alavi 21 because they went to Alavi for the purposes of Alavi 22 compounding. 23 MR HOLMES: Yes. 24 CHAIRMAN: And then he supplied and then he's charged. 25 MR HOLMES: And it looks as though Alavi said to Charter, 26 "Until I'm paid by Essendon, I can't pay you." That 27 appears at page 275. This is one of these emails where we 28 don't have a very good copy. It's come from Shane 29 Charter. At the top of page 275, it's Outlook, 30 [email protected]. 31 At the foot of the page there's a date there,

.AFL Anti-Doping Tribunal 212 MR HOLMES 19/12/14 1 20 April 2013. It is 8 February. It says, "Hi, Shane. 2 Your invoice comes to $3,523.25. I'm not dealing with" 3 something "your organisation. You may need to bill Derek 4 accordingly. Regarding your invoice, we have not received 5 any orders from MRC research" then there's a blank "regard 6 to Steve, Essendon. They have not made a payment on their 7 account." Then something "account until I see some sort 8 of payment. As soon as payment is made, I will" - and 9 then blank, it's obliterated - "regarding the scales, 10 I will get them couriered to your office today. Don't W" 11 - and then it is obliterated. "We have tested one vial of 12 HCG and it came back 130 per cent. That is not useable. 13 I" - blank - "at 130 per cent. We can adjust the dilution 14 and use the entire batch. However, if it" - blank - "due 15 to inconsistency in this case I will need to send the 16 entire batch back." The HCG, that's $2,500; the 17 Sildenafil, $400 - I'm inserting the dollars - and the 18 Tafalafil, $700 - I insert - comes to a total of 3,600. 19 "I can offset this" - blank - "credit to you. The 20 remainder as mentioned will be settled as soon as some 21 payment is" - blank - "debt for Essendon and MRC is yet to 22 make an order. So far there is cashflow" something. 23 "Know when payments are made. I will liaise with Cedric" 24 - that's significant - "regarding more peptides when 25 required." I see the time. 26 CHAIRMAN: Yes. 27 MR HOLMES: Is that a convenient time? 28 CHAIRMAN: It is. Yes, thank you. 29 LUNCHEON ADJOURNMENT 30 31

.AFL Anti-Doping Tribunal 213 MR HOLMES 19/12/14 1 UPON RESUMING AT 1.30 PM: 2 CHAIRMAN: Mr Holmes. 3 MR HOLMES: Can I take you to the main volume, first volume, 4 AS-3 and can I take you to page 274. January has gone. 5 It is now 2 February. We have Mr Dank contacting 6 WADA - - - 7 CHAIRMAN: This is 2 February. 8 MR HOLMES: Yes. He's writing to Dr Mazzoni. You will 9 remember that was where I started back in mid-2011, the 10 correspondence between Mazzoni and Watt about Thymosin 11 Beta-4. This time it's in representative of AOD-9604. 12 "Good evening, Irene. Thank you for your time yesterday. 13 I'm hoping to obtain confirmation on a polypeptide that is 14 part of a topical cream marketed for weight loss. The 15 polypeptide is AOD-9604. There is no anabolic activity 16 associated with the peptide. The peptide has been shown 17 not to have any effect on IGF, insulin growth factor IGF-1 18 or any androgenic effects within the body. The peptide or 19 any related compound does not appear on the WADA 20 prohibited list. I believe that this would confirm that 21 it is not a prohibited substance. The company with the 22 licensing rights, Metabolic Pharmaceuticals, indicates 23 that the peptide is a nutraceutical" - just interposing, 24 I think that's a combination of nutrition and 25 pharmaceutical. I continue, "It is not considering it as 26 a pharmaceutical substance. They are currently applying 27 for it to be registered as an over the counter 28 nutraceutical with the FDA. I'm hoping for 29 clarification." 30 At the top of the page is her reply. "Thank you 31 for your enquiry. As I mentioned during our telephone

.AFL Anti-Doping Tribunal 214 MR HOLMES 19/12/14 1 conversation you should contact your national anti-doping 2 organisation, in this case ASADA, as certain drug 3 preparations may differ between countries and also because 4 some drugs are manufactured in one or a restricted number 5 of companies and little is known about them outside those 6 jurisdictions. Such seems to be the case with AOD-9604. 7 In addition, please be aware that there is a section in 8 the prohibited list S0 that deals with non-approved 9 substances. Therefore, even if a substance or similar 10 substances do not appear listed, it does not automatically 11 mean that the substance is permitted." 12 Mr Dank on page 273, "Thanks for your 13 confirmation that the product or any related product does 14 not appear on the prohibited list." So he is, if I can 15 say, verballing. I then continue, "ASADA have already 16 confirmed with the manufacturer it doesn't appear on the 17 banned list. The peptide is available within the weight 18 loss cream, BodyShaper Cellulite Contour Creme that is 19 marketed and thus S0 would not apply as the peptide is a 20 constituent of an approved product. I appreciate your 21 prompt help in this matter." 22 She quickly goes back, "Just to clarify, I was 23 generalising when I said even if a substance or similar 24 substances do not appear on the list. I should have said 25 even if a substance, because as a matter of fact the 26 constituent is reported to be a synthetic modified 27 C-terminal of HGH and GH is on the list. It does not seem 28 to bind the GH receptor, though. As for where this 29 product will fall within S0, I could not find that it had 30 been approved by any government regulatory health 31 authority. That is why I say to contact ASADA to check

.AFL Anti-Doping Tribunal 215 MR HOLMES 19/12/14 1 its status where it seems to have been developed." 2 So that's 7 February. Could I then take you to 3 267. We have the second page, the email starts at page 4 266. This is Mr Alavi on Monday 6 February, responding to 5 Carissa at Eagle Analytical Services. "Apologies for the 6 delay. Hexarelin, CJC and Thymosin are all peptides. 7 Please follow the links below." 8 Then there is Hexarelin. Then there's CJC and 9 Thymosin. Now, the link on page 267 takes you to 269. At 10 269, gentlemen, you will see if you turn the volume on its 11 side, this is a printout of the website on 5 February, but 12 the Thymosin Beta-4 information is exactly the same as the 13 email on page 227. If you go to 227 we have the 14 12 January email from Shane Charter. 15 CHAIRMAN: That was the one we had some discussion about, yes. 16 MR HOLMES: Yes. If you look at the font, the block letters 17 and underlined, "For research use only. Important. Vial 18 preparation. Administration. Frequency. 19 Contraindications." The website that Mr Alavi is inviting 20 Eagle Laboratories to go to is the one on page 269. You 21 see the same "How to use TB500, Thymosin Beta-4." 22 Thymosin Beta-4, block letters and underlined. "Research 23 use only. Important. Vial preparation. Administration. 24 Frequency. Contraindications. Storage." 25 So, what he sends Eagle Analytical Services was 26 the same thing that was sent to Mr Alavi and Mr Dank by 27 Mr Charter. 28 MR GRACE: Sir, you will note my comments I made about this 29 yesterday. 30 CHAIRMAN: Yes. 31 MR HOLMES: Going back, "Regarding the HGH and GHRP2 and GHRP6,

.AFL Anti-Doping Tribunal 216 MR HOLMES 19/12/14 1 we use these as raw ingredients. The supplier was 2 responsible for synthesising the peptides. We are testing 3 their product before we begin using it for research 4 purposes, i.e. use it on patients. Regarding somatropin, 5 we are happy to share the cost with you if this is the 6 easiest, quickest way for the product." 7 At this stage Mr Dank begins - I was going to say 8 treatment. He begins providing Hexarelin to an employee 9 of Essendon Football Club, Suki Hobson. If you go to page 10 272 of AS-3, we have a diary maintained by Suki Hobson as 11 to her exercise regime, her weight, her goal, the loss, 12 the gain, the weight in stone and pounds and the body mass 13 index. On the right-hand side there is a column "XXXX". 14 Do you see that? 15 CHAIRMAN: Yes. 16 MR HOLMES: If I can take you to her evidence. If you go to 17 AS-5.1, that's the court book part B transcripts, volume 1 18 of 3. 19 CHAIRMAN: What tab is she at? 20 MR HOLMES: She's under tab 7 in volume 3. 21 MR GRACE: Volume 1. 22 CHAIRMAN: Volume 1, yes. It's an interview with Suki Hobson 23 of 21 February 2012. 24 MR HOLMES: Yes. 2013. 25 CHAIRMAN: It says 2012, but I assume it's 2013. That's an 26 error. 27 MR HOLMES: Yes. I'm taking you to page 45 at line 36. The 28 time is 12.13. This is a continuation of the interview 29 with Suki Hobson and Aaron Walker from ASADA. "Suki, we 30 did a short break there. What I want to do now is to 31 speak to you about Hexarelin. Did I get my pronunciation

.AFL Anti-Doping Tribunal 217 MR HOLMES 19/12/14 1 right? PS I don't know. I think it's called Hexarelin. 2 Also, what I want to ask of you now is in as much detail 3 as you can explain to me everything you know about that 4 substance. About that substance and its presence at 5 Essendon. Yes, all right. So I was tearing up with Steve 6 about being exhausted and tired and whatnot and he said he 7 might be able to help me. Again this is February last 8 year. I took it for the first time I believe on 9 8 February. 8 February. Actually, it's in my log. So, 10 you know, fantastic. You are more than welcome to look at 11 that. Yes." 12 At line 10, "It's all logged down and the days 13 that I took it. I injected it myself and I was interested 14 as well just to see, you know, did it make any difference. 15 I never even thought about whether it was banned. Again, 16 looking back now, how stupid can you be? I never even 17 considered that. There will probably be a log of me 18 Googling it at work too. So if you actually want to look 19 at the timelines there will be a - I'm sure there is a log 20 of, you know, my internet activity. I would have Googled 21 it at some stage as well during that period. It was in 22 the fridge. I didn't think much of it until later when 23 I obviously knew it was banned. There was another person 24 I know was taking it who was a part-time trainer called 25 Kayla Hicks and so she, her and I, were, you know, talking 26 about it. 'How have you found it? Has it done anything?' 27 I've gone, 'No, I tried it for 20 days. Felt no 28 difference. Stopped.' I just stopped because to me it 29 made no difference and I didn't feel any different or 30 anything like that and I know she was taking it as well 31 and she said she felt exactly the same thing. When

.AFL Anti-Doping Tribunal 218 MR HOLMES 19/12/14

1 players, we have their AFL registration application. We 2 then have the patient information informed consent form. 3 CHAIRMAN: That's that form we were looking at before lunch. 4 MR HOLMES: Yes, but it's changed. It's the same form for 5 every patient. If you can imagine a meeting in the 6 auditorium and they hand out - - - 7 MR GRACE: Is that 8 February? 8 MR HOLMES: This one is signed on 10 February. They range from 9 the 8th to about the 13th. 10 CHAIRMAN: looks to be signed on - - - 11 MR HOLMES: The 10th. 12 CHAIRMAN: It's a bit hard to read whether it's the 10th or the 13 13th. Anyway. 14 MR HOLMES: Do you have one signed by Mr Stephen Dank and with 15 16 CHAIRMAN: Yes. The date is the 10th; you are right. The 17 witness's one is a bit unclear. 18 MR HOLMES: I can't tell you who the witness is. 19 CHAIRMAN: It is clearly the 10th for Dank and Yes. 20 MR HOLMES: I'm being asked by Mr Grace what date do I say the 21 auditorium meeting was, and I would say on or about 22 8 February. Can we go through that patient information 23 consent form because there are very significant 24 differences. It is directed to the patient. "Please be 25 sure to ask any questions you wish. It is better to ask 26 them now than wonder about it after we start the 27 intervention. The nature of the recommended 28 intervention." And we see "Thymosin injection point ml 29 300 mg per ml. The recommendation for the following 30 intervention for you: 1, Thymosin injection once a week 31 for six weeks and then one injection per month."

.AFL Anti-Doping Tribunal 220 MR HOLMES 19/12/14 1 I should say, gentlemen, this same form was 2 signed by every one of the 34 players. Then the informed 3 consent form goes on, "I base this recommendation on the 4 visual examinations I have performed, x-rays, et cetera. 5 The intervention is recommended" - and I emphasise the 6 following words which have been inserted by presumably 7 Mr Dank - "because enhance the rate of recovery." One of 8 the things, the expert having looked at this, is the lack 9 of grammar or coherence to the language. 10 Then it says, "The benefits of this treatment are 11 an expected reduction in the time required for performance 12 recovery." This ties in with a lot of the text messages, 13 that it's a recovery based product with the reduction in 14 the time for recovery. 15 Now, the next sentence, "The prognosis or chance 16 of success of the treatment is considered to be very based 17 on empirical research." 18 CHAIRMAN: There seems to be a word left out there. 19 MR HOLMES: Well, whatever was put in there - - - 20 CHAIRMAN: "Be very" something, you would have thought "based 21 on empirical research." Anyway, that's the way it is. 22 MR HOLMES: It shows the amateurish way it's been put together 23 and this is for every single one of the patients, 24 regardless of their individual conditions, even though it 25 is written as though it is based on it. That happens 26 again with the next line, where Mr Dank has filled in, 27 "The risks of the treatment" and says "are nil as reported 28 by the company safety data and no adverse events have been 29 reported in the literature." I assume that company is not 30 Essendon, but reported by some company. 31 Then Mr Dank says, "I expect it will take" and he

.AFL Anti-Doping Tribunal 221 MR HOLMES 19/12/14 1 has inserted "approximately all season, pre and in 2 competition, to complete the intervention but it could be 3 shorter or longer based on what we experience as the 4 intervention progresses." 5 The next one, "WADA compliant anti-doping 6 policy." And there is again a reference for documentation 7 to this effect. No one saw documentation in relation to 8 the consent forms. 9 CHAIRMAN: Just so we are clear, what's put is that when 10 signed that, although it refers to an appendix for 11 documentation, no documentation was shown to 12 MR HOLMES: That's right. But there was one attached to the 13 AOD document, which is the one that follows. That's what 14 he was referring to. I will take you to that. Mr 15 I'm going to go to Mr and Mr when I finish. 16 CHAIRMAN: Okay. 17 MR HOLMES: "There are some alternative ways to intervene. 18 I have chosen the one that I think best suits your needs." 19 Again, this is just a sham because it's for every single 20 patient and they are all in the auditorium being addressed 21 by Robinson and Dank. "If you have any questions about 22 these alternatives" - and he has inserted the words 23 "including dietary and protein based supplements, please 24 ask." 25 Now, "The risk of recommended treatment." Even 26 though he said "nil" higher up, he said "No intervention 27 is completely risk free. I will take reasonable steps to 28 limit any complications of the intervention I have 29 recommended. However, there are some complications that 30 tend to occur with some regularity." We don't know what 31 they are, I insert. I continue, "To this point there

.AFL Anti-Doping Tribunal 222 MR HOLMES 19/12/14 1 never a reported adverse event ever reported and no 2 clinical complications have ever been identified. If you 3 have any questions about these complications or about any 4 other complications you have heard or thought about, 5 please ask. I believe the intervention will be most 6 successful when you understand as much as possible because 7 you will be able to provide more information to me and to 8 ask better questions. No question is too simple to ask 9 and I have as much time to answer them as you need. When 10 you feel you can make an educated decision about this 11 recommendation, then we can get started with the 12 treatment." 13 CHAIRMAN: That's just gobbledegook. 14 MR HOLMES: That's right. He's a bush doctor. Unfortunately 15 this reflects on the players because they are sitting 16 there and they are just lapping this up. There isn't an 17 annexure which says anything about WADA. There isn't 18 anything. It says "Thymosin injection", what the 19 substance is. We will be asking the Tribunal to be 20 satisfied, based on all of the references up to date about 21 the Thymosin Beta-4, that the Thymosin was Thymosin 22 Beta-4. 23 If I then go over the page there's an identical 24 form for a different product, AOD-9604. I won't read that 25 through to you, but the same inserts have been made by 26 Mr Dank, the same "performance enhance the rate of 27 recovery," the same "expected reduction in the time 28 required for performance recovery, the prognosis or chance 29 of success of the treatment is considered to be very based 30 on empirical research. The risk of treatment are nil. 31 I expect it will take all season, pre and in competition,

.AFL Anti-Doping Tribunal 223 MR HOLMES 19/12/14 1 to complete." All of those are identical. 2 CHAIRMAN: So those bits, the bits that he's inserted on the 3 pro forma that we saw before for this substance is exactly 4 the same for the other. 5 MR HOLMES: That's correct. I have taken you to Thymosin 6 injection and to AOD-9604. Over the page there's a third 7 one, colostrum. I should point out the AOD-9604 was an 8 injection once a week for the season. Colostrum is "daily 9 as per training week, two colostrum daily and two 10 colostrum post to the game. The dose may vary according 11 to training needs." 12 CHAIRMAN: Is that injected or a tablet? 13 MR HOLMES: No, that's a tablet form. The last one, Tribulus 14 Forte, is again with the same almost illiterate 15 insertions, "One Tribulus Forte daily as per training week 16 and one Tribulus prior to the game. The dose may vary 17 according to the training needs." 18 Mr if I go to Mr at page 19 32 - - - 20 CHAIRMAN: This is of his interview. 21 MR HOLMES: Yes, of his interview. He is being shown each of 22 these - sorry. I'm reminded, gentlemen, the treatment 23 regime of Thymosin injection once a week for six weeks and 24 then one injection per month, that's the treatment 25 administration that's in the 12 January email from Charter 26 to Dank and Alavi, and it's taken from the website which 27 is - - - 28 CHAIRMAN: We assume it's part of your case that because they, 29 you say, match up, that makes it more likely that what 30 they were injected with was that product. 31 MR HOLMES: Yes. Mr is shown at page 31. At 31 he is

.AFL Anti-Doping Tribunal 224 MR HOLMES 19/12/14 1 asked about what happened at the meeting. "There was an 2 outline by Steve Dank verbally. Some people had spoken 3 about a Powerpoint. Can you remember anything like that? 4 There might have been. I'm not sure. Just because 5 someone remembers doesn't mean, so I'm not trying to get 6 the feel. AOD-9604, have you ever had it? Not that 7 I know of, no. All right. Have you been provided with 8 any cream? No. We'll go to the next one. Colostrum. 9 Have you ever taken any colostrum? I've taken tablets 10 that Steve Dank issued me. I didn't see colostrum or 11 anything written on them. Just because we signed that, 12 I assumed that it was. Can you describe what the tablets 13 looked like that Steve Dank gave you? Well, we got some 14 big sort of brownie-white in them sort of tablets and then 15 there are white tablets, just plain white tablets, small 16 ones and in a clear bag. And then did you start getting 17 these from Steve Dank after this meeting? Any before? 18 No, not that I can remember. All right. And the next 19 one, Thymosin. Have you ever received Thymosin? Yes, 20 I believe I have. I was - I went in there and would ask 21 for an injection I was getting and I was told it was 22 Thymosin, but I never saw a vial with that written on it, 23 anything. Yep. So if we can talk about that. When was 24 the first occasion and what were the circumstances of it? 25 I'm not sure of the dates, but it would have been 26 following this meeting that we probably started our 27 supplement program and Steve would come up and say, 'Come 28 down and get your injection.' Yep. Yep. Okay. So the 29 first occasion this has happened you've gone into his 30 office, I take it. Yep. Is that at Essendon? Yes. 31 Yeah, Essendon. Okay. And what happened? He's proceeded

.AFL Anti-Doping Tribunal 225 MR HOLMES 19/12/14 1 to get a syringe and fill it with liquid out of a glass 2 jar. Yep. And can you describe the glass jar for me? 3 It's probably that big and had like a metal sort of lid on 4 it and then whatever that - where you put the needle into, 5 the rubber sort of stop, rubber sort of stopper thing. 6 Yep, okay. Can you describe to me the colour of the jar 7 that you've described? It's clear. I think it was a 8 glass, clear glass jar. Okay. So it's a clear glass jar 9 and you've got sort of - how high? How many centimetres 10 do you think it would be? What's that? The size of a 11 finger, maybe, or whatever you - yeah, maybe half. Half a 12 finger? Half a finger. Yep, okay, yep. And sort of a 13 clear glass jar? Yep. And what was the colour of the 14 fluid inside, can you recall? I think clear. Okay, and 15 what about the top? Was that like a silver? Silver from 16 memory, silver thing with an off-white coloured rubber 17 thing. Okay, yep . And where did Steve Dank get that? 18 Out of a fridge. Yep. Have you ever looked in that 19 fridge or seen in that fridge? Yeah. And what have you 20 seen in there? A few of the vials in it, just some white 21 bottles. Yeah, that's about it, yeah. So the other vials 22 that you have seen in the fridge, have they been the same 23 type as you have described to me? Yep. Have you seen any 24 other types, any other descriptions? No. Have you ever 25 seen a glass vial that looks like a brown glass? Oh, 26 I sort of, yeah, maybe. I'm not sure. Yep. No. That's 27 okay. I know it's been quite a long - some time. Yep. 28 And a lot has been happening. So we're back to that first 29 occasion now. Yep. Can you recall whether there was a 30 label on that clear glass vial? No, I don't think so. 31 And have you seen Stephen Dank draw the substance from

.AFL Anti-Doping Tribunal 226 MR HOLMES 19/12/14 1 that vial? Yep. Okay. And whereabouts in your body has 2 he injected you? The stomach. Into the stomach? Yep. 3 Okay. And can you tell me what conversations you had with 4 Stephen Dank prior to injecting you? I would ask him what 5 was it and he'd tell me it was Thymosin and then sort of 6 I'd ask him what would it do and he'd say it would aid 7 recovery. Yep, okay. And so when he's injected it into 8 your stomach on that first occasion, did you have any side 9 effects or any sort of sensations? No. No. What about 10 the feeling in the injection site? Any sort of pain? No, 11 it was, no, not painful at all. Okay. And then once you 12 finished, what have you done? Just put a bit of cotton 13 wool to stop the bleeding and then off we went. Okay. 14 Now, from your perspective, what did you understand 15 the substance, the Thymosin he injected into you to do? 16 Yeah, yeah, aid recovery with, yeah, that was probably the 17 one, you know. You get told it's going to help your 18 recovery and most players want to recover better. So, 19 yeah, I think very, you know, forthright in wanting to 20 do - yes. Mr Walker? Yeah. Now, there are two types of 21 Thymosin. There's Thymosin Alpha and Thymosin Beta that's 22 not WADA compliant. Okay. Are you able to distinguish 23 which ones you received? No. No, okay. Other than 24 information provided to you in the auditorium? Yes. And 25 the conversations you had with Steve Dank? Yes. Has any 26 other information been provided to you about the Thymosin 27 that you received? No. No. Before me telling you now 28 that there are two types of Thymosin, did you - were you 29 aware that there were two types of Thymosin? Yes. And 30 how did you come to be aware of that? The newspaper. If 31 we can exclude the newspaper? No. Back at that time?

.AFL Anti-Doping Tribunal 227 MR HOLMES 19/12/14 1 No." 2 We will be asking you to infer that prior to his 3 interview in May 2013 he had read in the newspaper that 4 there were two types of Thymosin, but back at that time 5 all he knew was that there was Thymosin, not - - - 6 CHAIRMAN: That's at the time he was injected. 7 MR HOLMES: Yes. Over on page 37, "Would that be something 8 that you would have expected to have been advised of? 9 I guess, yes, now in hindsight it would be nice to know. 10 Would you feel disappointed or do you feel disappointed 11 that hasn't been communicated to you prior to today? 12 Yeah, a little bit. Okay, yep. And in terms of the 13 persons who you would expect to have told you? Stephen 14 Dank. All right. Now, we've spoken about the very first 15 occasion you had the Thymosin injection. Yep. When was 16 the next occasion? It's hard to know because at times 17 he's say, 'Come down and get your injection' and I'd 18 forget it, so, yep, there are probably weeks where 19 I forgot to get it, so they might have been two weeks 20 apart, but then occasions one week apart. Okay. If you 21 read the Thymosin form you've got signed there. Yep. 22 What does it say in the intended? It says one - in the 23 which bit, sorry? What's intended to be described? Oh, 24 sorry, one Thymosin injection once a week for six weeks 25 and then one injection per month. Okay. From your 26 perspective how many times were you injected with 27 Thymosin? Maybe 10. Yep. Over the course of the year. 28 Then on each occasion has it always gone in the stomach? 29 Yes. Has there been any other occasion when you have had 30 a different sensation? No. Okay. Now, how are you 31 certain that on each occasion you were injected with

.AFL Anti-Doping Tribunal 228 MR HOLMES 19/12/14 1 Thymosin? Because of Steve Dank telling me it was 2 Thymosin. So this process that you described before where 3 he would tell you that this is Thymosin? Yep. And that 4 has occurred on every occasion? Are you sure about that? 5 He hasn't got lax as time went on? No. I made sure every 6 time, just in case I'd ask, and that's just what I did. 7 That's okay. All right. Now, besides the Thymosin 8 injections have you received any other injections? I got 9 two injections of HyperMED." That's not Thymosin. 10 So, gentlemen, there we have the conversations. 11 Throughout the 10 injections, always Thymosin and no 12 attempt to distinguish between Thymosin Alpha or Thymosin 13 Beta. All of the text messages and emails up until this 14 time clearly point to, in our respectful submission, 15 Thymosin Beta-4. 16 The players have given varying evidence about the 17 injections. In the interests of time I will just go to 18 one other. 19 CHAIRMAN: Yes. 20 MR HOLMES: Mr . That's AS-6, volume 4, and he's the 21 last tab in the court book part C, players' transcripts, 22 volume 4 of volume 4. You may remember I had taken you to 23 the 24 That's pages 31 and 32. Mr was 25 asked about the signature on those pages at page 36. He's 26 shown - at the top of the page, "Do you recognise any of 27 these? Have a look at this. This one as well. This is 28 the confidentiality one." And says, "This 29 is - I mean, it's over sort of 16 months ago, yeah. So, 30 I mean, that looks like it would be, yeah. If you go to 31 the last pages of the other ones, you recognise the

.AFL Anti-Doping Tribunal 229 MR HOLMES 19/12/14 1 signature? Yes." 2 Perhaps I should show you the signature, 3 gentlemen, at the beginning. There is the patient consent 4 form for Thymosin, AOD-9604, colostrum, Tribulus Forte. 5 Now, coming back to 36, "That's my signature and 6 the only reason I know it is Jonah's because he told me 7 that it was. So what's the date of the signature on that 8 one? I think it's 10 February. And on the front page 9 what's the supplement? Thymosin. Thymosin, okay, yeah, 10 yep. This is the AOD-9604, that's 10 February. This one 11 doesn't - is there a signature on the AOD one as well? 12 Yes, it's the same signature as the three signatures on 13 the previous one. Colostrum, 10 February is the same 14 three signatures. Tribulus Forte. All right. Same date. 15 Same signatures. Now, when you were first explaining to 16 me your recollection of the process you were talking about 17 AOD so can we focus on that? Yes. And in as much detail 18 as you like, can you take me through the signing of 19 that form and what information you were provided with? 20 Yes, the reason why AOD is most familiar to me is because 21 it was one that I was told that I was receiving on the 22 most frequent basis and it's from that process - that was 23 the one that I was told by Bruce Reid he had done some 24 research on and that he deemed it to be safe and that it 25 was WADA and ASADA compliant. And then from my 26 recollection the document that Jonah showed me which was 27 like one that had a WADA header on it and said AOD-9604 is 28 an approved substance, yep. So there's a couple of 29 compartments to that. If you can talk about when you 30 actually signed the document. Yes. You said Jonah 31 acknowledged you since that he was the witness to your

.AFL Anti-Doping Tribunal 230 MR HOLMES 19/12/14 1 signature. Yes. Okay. Was Stephen Dank present? Yes. 2 And you recall being shown a document." And I'm 3 instructed, gentlemen, this is the only player in respect 4 of any of the forms that was shown a document. Every 5 other one has no recollection of an annexure. 6 MR GRACE: Jonah has a recollection. 7 MR HOLMES: Jonah. I was talking about players. "Not an 8 entire document but a piece of paper. It had the WADA 9 header on it and that Jonah looked at it, read it, gave it 10 to me and said, 'This is what you guys were after when you 11 said you wanted a form to say that what you were taking 12 was legal' and I looked at it and saw WADA and I said 13 I saw where it says 'This is a legal WADA substance' and 14 then I signed it. Okay. So it's safe to assume that from 15 the date you've got there, 10 February, is the date that 16 all this process occurred?" "Yes." 17 Over on page 38, "Can you distinctly recall being 18 shown a document by Jonah Oliver that had a WADA motif on 19 it and I take it you read and understood AOD was 9604." 20 At the foot of the page at line 34 he says he 21 spoke to Dr Reid before signing the consent, "what it did, 22 whether it worked or not. I wasn't overly concerned about 23 that. My main concern was whether or not it was legal. 24 I wanted to make sure that Dr Reid knew what this was and 25 that what we were taking was legal. I had a conversation, 26 you know, along the lines of a lot of other players about 27 whether AOD was legal or not and his understanding was 28 that it was and then I went and signed the document. 29 I have seen this paper and said, 'You know, this is a WADA 30 approved substance.'" 31 So it looks as though he was the one who was

.AFL Anti-Doping Tribunal 231 MR HOLMES 19/12/14 1 telling Dr Reid that it was approved, if you read the last 2 two lines of that answer. But then the question puts it 3 the other way round, "So from your perspective, you 4 tried to assure yourself of its compliance by speaking to 5 the club doctor Yes." 6 We have some concerns about what follows, because 7 if you go to page 41 - - - 8 CHAIRMAN: 41 of the interview. 9 MR HOLMES: Of the interview, Mr gives some rather what 10 might be called unusual evidence. At line 6, "Now, you 11 also signed a form there for Thymosin? Yes. Can you run 12 me through the signing of that form? Were you provided 13 any information? It was my understanding that it was a 14 very similar process to AOD-9604. My memory of Thymosin 15 use in my own personal use is not as clear as what it is 16 of AOD-9604. That is the one that I can remember being 17 told I was going to receive. Thymosin in my mind is a bit 18 more sketchy. I can't be sure. I probably was being 19 given it by him, but I can't be sure that it was. It's 20 not as clear as AOD is for me. Okay. Now Thymosin, 21 there's two types of Thymosin. Yes. Thymosin Alpha. 22 Yeah. Thymosin Beta-4. Yeah. Were you aware of that? 23 Stephen, I talked to Stephen about Thymosin and he said 24 there's a bad one and a good one, yeah. That was my 25 understanding of it. He said there's one that is banned 26 that we can't take, but there's one that is not banned and 27 we can take, and obviously we were taking the one that's 28 not banned. So did he confirm that for you? Yeah, he 29 told me that. Okay, that's quite important. When did 30 that conversation occur? I was probably having a 31 conversation - I couldn't give you a day, no, but it would

.AFL Anti-Doping Tribunal 232 MR HOLMES 19/12/14

1 MR GRACE: Yes, you do. 2 CHAIRMAN: And particularly in the context of the whole 3 interview. 4 MR HOLMES: Gentlemen, can I now leave the players and go back 5 to the chronology. The meeting occurred on or around 6 8 February. 7 CHAIRMAN: Which folder are we back to now, Mr Holmes? 8 MR HOLMES: We are taking you now to the text messages, AS-4. 9 CHAIRMAN: And the text messages, which page? 10 MR HOLMES: Page 35. 11 CHAIRMAN: Yes. Line? 12 MR HOLMES: 55. 7 February, Shane Charter, "Can you check why 13 EFC have not paid the Como invoice from Nima?" Then if we 14 go to Mr Earl's statement at page 53 in the same volume 15 and I want to read paragraphs 52 to 111. Sorry, Dank at 16 Essendon, it's over on the left-hand page, 52, sorry. 17 103, "Towards the end of 2011 Dank moved to Melbourne and 18 began to work for the Essendon Football Club. After he 19 moved to Melbourne he became increasingly difficult to 20 contact. On a number of occasions I would get a missed 21 call on my mobile, telephone from Dank. When I called the 22 number displayed as a missed call, it would be answered by 23 the reception at Essendon. I would ask to speak to Dank 24 and was told I would be put through to his office. Dank 25 told me he was controlling the whole squad at Essendon and 26 his job was head sport scientist. During my telephone 27 conversations with Dank in January and February I remember 28 he told me he was using Hexarelin at the club to improve 29 performance. He told me he was giving Hexarelin 30 injections to the players. He did not name any of the 31 players and to be honest I wouldn't remember if he did as

.AFL Anti-Doping Tribunal 235 MR HOLMES 19/12/14 1 I'm not familiar with the names of players at Essendon 2 Football Club. He was very excited about Hexarelin and 3 told me he was using it on players to boost cardio 4 performance and to aid recovery. Dank told me that 5 Hexarelin was the latest and best supplement and he had 6 the full support of the coaching staff at Essendon to use 7 Hexarelin. He was pushing me to use Hexarelin and he 8 would go into depth about its benefits. He told me to 9 start using Hexarelin and said he could arrange for me to 10 get some by sending some up to me and arranging for me to 11 attend his clinic at Bondi Junction. He sent me an 12 address for another clinic, Belgrave Pharmacy in Kogarah, 13 via an SMS on 25 November and told me to go to the clinic 14 to see Maged Sedrak. I cannot remember if he sent me 15 these details in order for me to source Hexarelin or 16 CJC-1295. I never went to the clinic in Belgrave. I've 17 never used Hexarelin. I've never met Maged Sedrak. Dank 18 also told me he was using AOD-9604 on the Essendon players 19 and had a plan to put them on" - and here is the mention 20 of Thymomodulin and Cerebrolysin. 21 "He told he was arranging for players to be 22 treated off-site at an anti-aging clinic. I have no 23 knowledge of these substances and have never possessed or 24 used any of them. I can say that Dank did offer to put me 25 on both AOD-9604 and Cerebrolysin. He told me that they 26 were not banned and that Cerebrolysin was not approved for 27 human use. Dank told me that he was sourcing the 28 supplements he was giving the players from an anti-aging 29 clinic in Melbourne. Dank also told me he was using 30 Thymosin at Essendon. I do not remember if he mentioned 31 it was Thymosin Beta-4. In early 2012 I injected my

.AFL Anti-Doping Tribunal 236 MR HOLMES 19/12/14 1 hamstring and spoke to Dank on the telephone. Dank told 2 me he was treating one of the Western football clubbers 3 who he described as one of the younger blokes. Dank did 4 not name the player but he told me that the player had 5 suffered a very bad hamstring injury and kept tearing his 6 hamstring. Dank told me he treated the player by 7 injecting CJC-1295 into the hamstring. Dank told me he 8 had the full backing of the Essendon coaching staff and 9 everybody was on board with his ideas and program. He 10 mentioned that he had more or less unlimited funds to 11 finance his program. After Dank had started work for the 12 Essendon Football Club he arranged for me to meet and have 13 a trial with the club. The meeting coincided with one of 14 the Essendon games in Sydney and was arranged via 15 Essendon's recruitment guy, Adrian. I met most of the 16 coaching staff including James Hird, Mark Thompson, Danny 17 Corcoran and the club doctor, Bruce Reid, at the 18 Intercontinental Hotel in The Rocks, Sydney. Dank was 19 also present at the trial. Nothing came of that." 20 Could I then go to AS-3, the first volume, at 21 page 276. At the foot of page 276 Shane Charter is 22 emailing Steve Dank, "Can you let me know when MRC have 23 paid Nima. Then I can place the next order." Steve Dank 24 replies, "Hi, mate. MRC has paid Nima on the peptides. 25 Regards." Then Charter emails Alavi, "I believe MRC have 26 finally paid the EFC invoice. Once the previous invoice 27 balanced, Cedric can place next order." 28 If we go back to 197, there's an adjustment to 29 the Hexarelin and peptide order. You will see on 30 14 February there's a crediting of $3,360 for the 31 Hexarelin and $6,500 for the peptide - - -

.AFL Anti-Doping Tribunal 237 MR HOLMES 19/12/14 1 CHAIRMAN: This is 197? 2 MR HOLMES: Yes, 197. It's the bottom, the last two entries. 3 They have the letter B and C against them. Then on the 4 right-hand side at 198 on 14 February there's a quantity 5 minus 1 and there's a credit in the credit column of 6 $3,360 and $6,500 and $4,200. 7 Then on the next day there are some text messages 8 about what the next project is. On 15 February at page 9 17, line 56, Steve Dank to Nima Alavi, "Hi, mate. Next 10 project is the arginine." Line 57, Alavi to Dank, "Sure 11 thing, mate. I recommend 4 grams per player per day. We 12 have some options. I have one gram tablets, two in the 13 morning before training and two after training. When a 14 game is on, four, and an hour before the game. I can have 15 these ready for you this week." 16 The next one, 58, "Okay, mate. Thursday." Then, 17 "Done. I'll have 4,800 tablets ready by Thursday. Also 18 can you have a quick check with the club. Still haven't 19 received payment." "Okay. Will do." 20 This is when we go back to AS-3 at page 277. 21 This is from Paul Turk to Stephen Dank. 22 CHAIRMAN: He's presumably at Essendon. 23 MR HOLMES: Yes, he's the conditioning coach and he puts a game 24 day supplementation program to Steve. "Here's a summary 25 of the supplementation plan we put together the other day. 26 We'll need to pack it tomorrow after training. I'm across 27 the caffeine and the hydrolyte shots. How's the glucose 28 syrup shot looking? Paul Turk." 29 Over the page, the game day supplementation 30 programs is a reference to the pre-game. There's the 31 Lactaway, that's the one that we looked at the

.AFL Anti-Doping Tribunal 238 MR HOLMES 19/12/14 1 Mediterranean pine extract to be set up in rooms on 2 players' tables, each player a numbered cup; and then 3 there's caffeine; then there's Tribulus; then there's 4 "Glycogen Dank, creatine Dank, 10 minutes prehydration 5 shots. During the game, 30 plus minutes in, glucose syrup 6 shot during rotation PT on the bench. At quarter and 7 three-quarter time, a glucose shot with lollies as 8 required, but half-time we have the Tribulus and the 9 creatine. But after the game Dank is in charge of the 10 protein mix, Humanofort and injection." It doesn't say 11 what the injection is and there is no other consent forms 12 for any injections. 13 If we go to 279, we have a delivery of further 14 peptides from Cedric Anthony. Can I take you to the 15 transcript. It's in court book volume B1, document 4, 16 AS-7, MFI. This is the MFI. 17 CHAIRMAN: Yes, AS-7 is MFI. What tab? 18 MR HOLMES: Tab 4. 19 CHAIRMAN: This is an interview with Mr Alavi of 14 April 2014. 20 MR HOLMES: Yes. 21 CHAIRMAN: Which page, Mr Holmes? 22 MR HOLMES: 38. At 38, at about line 15, "That's okay." Then 23 Mr Alavi said, "That could be the reason why I was so 24 worried, because they're, like, you can see the invoice 25 from Dr Ageless. It just says assorted peptides, you 26 know, whereas the one from Cedric in February, the 18th, 27 actually comes with certificate of analysis and HPLC, so 28 I was nervous about giving these out." 29 Then if you go to page 42, at line 30 he's asked 30 about his own enquiries, "You've ascertained that you've 31 then got another delivery of peptides?" Alavi, "Yes."

.AFL Anti-Doping Tribunal 239 MR HOLMES 19/12/14 1 Mr Walker, "From Cedric Anthony? Correct. And you 2 received those on 18 February? Yes. And what's prompted 3 your ability to recall is some records you keep? Yes, 4 manual records. And you have a copy there." Now, that's 5 the document which appears on page 279. On 279, the 6 peptides on 18 February are CJC-1295, GHRP6, Melanotan II, 7 Thymosin, Hexarelin and the quantity is one gram. 8 If you go over the page you'll see the documents 9 that Mr Alavi was talking about and the two documents are 10 certificates of analysis. There's the catalogue number on 11 page 280 of 55820, the product name Thymosin and then the 12 peptide sequence for Thymosin Beta-4. Then - - - 13 CHAIRMAN: I didn't do chemistry, Mr Holmes. 14 MR HOLMES: I think it's 43 or around 43 amino acids in a 15 chain. Each of those groups of letters represents an 16 amino acid and in a chain of 43. The molecular weight is 17 the other give-away, and to put that at Thymosin Beta-4. 18 On the right-hand side you see the analysis, the 19 certificate for Hexarelin, with a different molecular 20 weight, a different sequence. That's the second delivery. 21 MR GRACE: Sir, can I make some comments about this? 22 MR HOLMES: Can I just finish? 23 CHAIRMAN: Yes, just let Mr Holmes finish and then you can, 24 Mr Grace. 25 MR HOLMES: If you go back to the one that accompanied the 26 December delivery, which is at page 224, you will see that 27 the typeface - - - 28 CHAIRMAN: We looked at that before. 29 MR HOLMES: Yes, it's the same layout, but the top has been cut 30 off and the bottom has been cut off and there is no date 31 or stamp on that. So I think Mr Grace wants to make a

.AFL Anti-Doping Tribunal 240 MR HOLMES 19/12/14 1 comment. 2 MR GRACE: Yes, sir. Can I take you to page 280. 3 CHAIRMAN: Yes, got it. 4 MR GRACE: Perhaps you could hold open 224. As Mr Holmes says, 5 there's nothing on the top. 6 CHAIRMAN: Of 280 there's nothing. 7 MR GRACE: And 281. There is nothing on the bottom. There's 8 no stamp. There's no signature. There's no date. 9 There's no cheque, which you can all see on 224. 10 CHAIRMAN: You raise an issue as to the authenticity of the 11 documents. 12 MR GRACE: Yes. We say these are forged documents. The dead 13 give-away, as Mr Holmes calls it, the molecular weight is 14 clearly wrong. It's not Thymosin Beta-4 molecular weight. 15 It is 300 out or, sorry, to be precise, 270 out for 16 molecular weight. The correct molecular weight is 4963. 17 MR HOLMES: I think there is a transposition of the numbers 18 there. 19 MR GRACE: Well, no. 20 CHAIRMAN: It will all be for us to interpret, aided by your 21 submissions. 22 MR GRACE: Can I also point out the following. The dead 23 give-away of the amino acid sequence, 43 amino acids, 24 there is in fact 45 there, if you count them, not 43. 25 Also the molecular formula, if you just want to compare 26 how that's typed on page 281 and on 224, you will see the 27 numbers in the molecular formula are small numbers akin to 28 subscripts or footnote numbers, yet on that 280 they do 29 not appear as such. 30 Furthermore, if you look at the warranty 31 underneath the box at page 224, you will see "GL Biochem

.AFL Anti-Doping Tribunal 241 MR HOLMES 19/12/14 1 warrants", and if you look at the warranty under 280 and 2 281 you will see "We warrants" and there's some other 3 issues about grammar which you will see in that warranty. 4 Professor Handelsman in his report says that it is 5 notorious that substances coming out of China need to be 6 separately analysed to ascertain their validity and 7 authenticity and it is often the case that there are 8 fraudulent substances that come out that do not turn out 9 to be what they purport to be. 10 CHAIRMAN: In other words, the documentation that's provided 11 doesn't match the substance. 12 MR GRACE: No, and there's another very important difference. 13 You would have seen that on the order form suggested to 14 have been sent by Charter to Mr Xu at GL Biochem there is 15 a distinct difference set out in the table on the order 16 between Thymosin Beta-4 and Thymosin, yet this certificate 17 of analysis purports to be for Thymosin, not for Thymosin 18 Beta-4. You would have thought that GL Biochem would know 19 what they are sending, if in fact this substance came from 20 there. 21 CHAIRMAN: Okay. Thank you. 22 MR HOLMES: If I could just add to the pool of information 23 that's going to come before you, at page 693 the GL 24 Biochem catalogue number 55820 is for Thymosin Beta-4 and 25 that's the number that appears at page 280, 55820 26 catalogue number. On 693 the catalogue number is 55820, 27 Thymosin Beta-4 acetate. 28 Then at page court book volume B1, Mr Alavi's 29 transcript. AS-7, MFI. 30 CHAIRMAN: Thank you. 31 MR HOLMES: It is court book part B1, volume 1 of B. At page

.AFL Anti-Doping Tribunal 242 MR HOLMES 19/12/14 1 53 - - - 2 MR NORTON: Is this under tab 4? 3 CHAIRMAN: Yes, it's Alavi's interview under tab 4, page 53. 4 MR HOLMES: At about line 15, "And if he has used the same 5 supplier with this GL Biochem, Biochem, then most 6 definitely was the - yep, Thymosin Beta-4. So just to 7 tidy that up. Yep. From your perspective. Mmm. 8 18 February 2012 batch. Yep. Your understanding came 9 from the supplier as the previous batch." Mr Alavi, 10 "Yes." "Cedric Anthony provided you certificates for the 11 samples obtained on 18 February." Alavi, "Yes." Walker, 12 "And the correlation that or the inference you can draw is 13 - yep. If it's the same supplier then it's got to be the 14 same commodity. Correct. In terms of analysis. Yes. 15 And that being Thymosin Beta-4. Yep. Certificates for 16 18 February. Yep. Okay. And that's the conclusion I'm 17 coming to. Yep." That's the 18 February delivery. 18 MR GRACE: Sir, I just note the leading nature of the questions 19 of the interviewer. 20 CHAIRMAN: Okay. 21 MR HOLMES: That's the evidence that I take you to there. Can 22 I then take you to the text messages for 21 February. 23 CHAIRMAN: What page? 24 MR HOLMES: Page 13. Now on 21 February, it starts at line 25 243. On 21 February, Charter to Alavi, "Checking if the 26 MRC have paid yet. Also need to get the scales out to 27 Sunshine or if I can come in Thursday or Friday to pick 28 them up." Alavi responds on the 21st to Charter, "I will 29 courier the scales to you tomorrow. Can you send me the 30 address. Also, payment will be made this week for your 31 outstanding invoice. Regards, NA." Charter then at 245,

.AFL Anti-Doping Tribunal 243 MR HOLMES 19/12/14 1 "Thanks, mate. Cedric will liaise for future orders." 2 Dr Ageless, with his address. 3 Then if we go to 23 February, which is on page 4 342. I'm going to start looking at some text messages 5 between a gentleman named Jon Deeble and Stephen Dank. 6 MR GRACE: Is this purely related to Dank? 7 MR HOLMES: This relates to Dank while he's at Essendon 8 Football Club, but his supply of banned substances while 9 he's working out of this office and the time he was 10 employed at Essendon goes beyond Essendon Football Club. 11 CHAIRMAN: Okay. So it's concerning what's alleged against him 12 as distinct from what's alleged against the players. 13 MR HOLMES: But to the extent that it shows a propensity to 14 deal in prohibited substances, it has a bearing on the 15 other matter. 16 If we start at line 19 on page 342, Jon Deeble to 17 Stephen Dank, "One RHP6 and one SARMs. 18 19 20 He needs a 21 product for bodybuilding but is subject to testing. Send 22 invoices to me and I will send over cc." We read that as 23 credit card details. "Thanks, mate. Jon." 24 Then that's the messages and I will be coming 25 back to later messages to fit in with the time scale. But 26 on 27 February, if we go to AS-3, page 282, there is a 27 registration of a club football official. The club is 28 Essendon and it is Stephen Dank. At page 283 you see that 29 Mr Dank has formally signed up to the AFL Anti-Doping 30 Code. 31 CHAIRMAN: As an official.

.AFL Anti-Doping Tribunal 244 MR HOLMES 19/12/14 1 MR HOLMES: As an official. Now, we put the application of the 2 Code to Mr Dank in relation to his time at Essendon on the 3 conversation he had with Mr Robinson at the outset and 4 Mr Hird that it was part of his employment to abide by the 5 AFL Anti-Doping Code. We have the written agreement here 6 on 27 February 2012. It may be that Mr Dank has not 7 recalled signing up to the Code and thinks it one way it 8 can't be proved that he's liable to the Code. 9 Then if we go back to the period when he was at 10 the Gold Coast Suns, we say the Code applies to 11 everybody - it's an offer to those involved in the Code 12 that, if you participate, you join the organisation and 13 you agree to sign up to its terms. So it's like a 14 standing offer. 15 CHAIRMAN: Yes. So you don't have a formal document like this 16 in relation to when he was with the Gold Coast Suns, but 17 you say that it is proper to conclude that as a result of 18 the nature of his employment with the Gold Coast Suns that 19 he would at least be impliedly signing up to the Code by 20 accepting the position. 21 MR HOLMES: By accepting the consultant position he accepts the 22 obligations that attach to officials of the AFL. But this 23 is the formal document that puts it beyond dispute. 24 CHAIRMAN: We might take a short break, Mr Holmes. 25 (Short adjournment.) 26 MR HOLMES: Could I take you then to page 266 of AS-3, the 27 first volume. We have the email of 17 February from Eagle 28 Analytical to Nima, "The somatropin will be ordered and 29 your portion of the costs will be added to your final 30 bill. Should you require additional information, please 31 feel free to contact myself or Clarissa. Thank you for

.AFL Anti-Doping Tribunal 245 MR HOLMES 19/12/14 1 testing." 2 Then over the page, 1 March, they respond to 3 Mr Alavi by saying, "Hello, Nima. In regards to the 4 Hexarelin, Thymosin, CJC-1295, GHRP2, GRHP6 we sourced the 5 standards at the following costs." So there is Hexarelin, 6 Thymosin 250, CJC-1295 90, GHRP 250, GRHP 350. "We would 7 only charge one method of development fee of 250 instead 8 of a method development fee for each of the five analytes. 9 The potency test will cost 150 per analyte to bring your 10 total cost for all five of the chemicals to 1,530 11 standards, 530 potency," et cetera, how it's calculated. 12 "Please let me know if you are interested in moving 13 forward with the testing." 14 Ultimately, Eagle Pharmaceuticals did not test 15 the substances and they didn't go ahead with it and Alavi 16 arranged for his laboratory assistant, Vania, to undertake 17 testing of the substances at Bio21, which is the GL 18 Biochem related company. Mimotopes, sorry. 19 Can I then go back to the text messages. These 20 are the Jon Deeble text messages which resume. These are 21 at page 14. 342, I'm told. The last one I got to was at 22 line 20. They resume on 1 March. Deeble to Dank, "Steve, 23 these two guys still haven't received their stuff. Jon." 24 Dank to Deeble line 22, "Okay. I will check. Where are 25 you now?" Deeble responds, "Home. Off to Taiwan, Japan, 26 Monday 1 March." Then Deeble to Dank, "Gold Coast, 27 1 March." Then Deeble to Dank, "Jon Deeble, Hexarelin, 28 " 29 Then on 5 March, if I take you to page 14 of the 30 text messages, Alavi texts Charter, "Gidday, Shane." 31 CHAIRMAN: This is 251.

.AFL Anti-Doping Tribunal 246 MR HOLMES 19/12/14 1 MR HOLMES: No, 249, 5 March. Remember Shane Charter has sent 2 his invoice to Alavi. "Gidday, Shane. Invoice will be 3 fixed up tonight. Apologies for the delay. Have been 4 totally flat out. Regarding peptides, still have plenty 5 of stock but I will let Cedric know if I need more. Also 6 I'll send through the ingredients for the GH tonight via 7 email. Another 20 bottles to come." 8 Then at page 126 the next text, this is between 9 Hird and Dank. This is at line 8, James Hird to Dank. 10 MR CLELLAND: We are missing a page number. 11 MR HOLMES: Page 126, line 8. James Hird to Stephen Dank, 12 "Good work today, mate. The boys were up and about. We 13 have a lot to work with." Dank to Hird, "IV start next 14 week and Thymosin with Ubiquinone, we will start to see 15 some real effects." 16 Now, at this stage we have a Mr Del Vecchio 17 coming into the picture. If we go to page 59 of the 18 statements, that's the first section of that volume, this 19 is the statement of Mr Del Vecchio. Mr Del Vecchio is a 20 business partner or prospective business partner of 21 Charter. I'm reading his statement now because at page 22 289 of the bundle AS-3, the first volume, on that day 23 Mr Del Vecchio on 12 March writes to Shane Charter and 24 says, "The peptides banned by ASADA." 25 MR GRACE: What page is that? 26 MR HOLMES: 289 of the first volume, AS-3. On 12 March, which 27 is where we are up to in the chronology, "Hi, Shane. This 28 came as a complete surprise to me based on what Steve 29 Dank's told us, but most peptides are banned by ASADA for 30 use by athletes. You can check it on the link below. Not 31 sure what Steve is giving Essendon players, but I think he

.AFL Anti-Doping Tribunal 247 MR HOLMES 19/12/14 1 may be putting them at risk for drug abuse by ASADA. Also 2 the information he gave the bodybuilders from Canberra is 3 totally wrong." And there's the reference. "Thanks, 4 Serge." 5 The author of that email is the gentleman who 6 gives the statement at page 59. At paragraph 5, "In late 7 2011, early 2012, AMS" - that's his company, Australian 8 Medical Solutions - "was looking at buying a small 9 anti-aging company called Dr Ageless. The Dr Ageless 10 company operated clinics to provide anti-aging services to 11 clients. The company was owned and operated by 12 Mr Charter. I'm aware that Dr Williams" - he's one of the 13 other directors of AMS - "had met Charter through a mutual 14 associate. Dr Williams liked the potential offered by the 15 Dr Ageless model and as such I was asked to evaluate the 16 company in terms of its functions, business model, growth 17 potential and viability as an investment. Ultimately 18 I negotiated a business arrangement whereby Mr Charter was 19 paid a small fee to allow us to evaluate Dr Ageless with 20 an option to purchase should AMS decide to go in that 21 direction. In the end the board voted not to continue 22 with the acquisition." 23 "I was introduced to Mr Dank by Mr Charter some 24 time in 2012, 2011 at a meeting. I recall at the time 25 I was evaluating the Dr Ageless business and Mr Charter 26 was very excited about the business potential that 27 peptides offered to the anti-aging sphere. Consequently 28 Charter invited Mr Dank to meet with me in order for 29 Mr Dank to outline the potential that peptides could have 30 in the business. 31 At my first meeting with Mr Dank he told me he

.AFL Anti-Doping Tribunal 248 MR HOLMES 19/12/14 1 was working with Essendon Football Club. I recall he 2 spoke openly about peptides, how good they were and his 3 use of them on athletes. He specifically made mention of 4 their better efficacy when compared to human growth 5 hormone. However, as I had no experience with peptides, a 6 lot of what Mr Dank said was just names and numbers, 7 particularly as the business I was associated with was not 8 in the sports market." 9 "I recall on one occasion asking him to slow down 10 so I could write the names of the peptides he was 11 mentioning into my business diary. I recall specifically 12 one of the peptides he mentioned was a substance called 13 Hexarelin. I believe Thymosin was also mentioned by 14 Mr Dank, however I am not 100 per cent certain. My 15 recollections are that Thymosin was one of the peptides 16 that I had asked Mr Dank to spell while making my diary 17 notes." 18 "There were many other peptides mentioned during 19 the conversation and Mr Dank explained the benefit of each 20 over the other. I recall him mentioning GHRP2 and 6 and 21 that one of the peptides had a ...(reads)... effect and 22 made athletes eat more and put on weight whereas the other 23 did not. I can't recall which one was which however." 24 "I recall Mr Dank told me he also sold peptides 25 through a company called MRC with a man called Edward van 26 Spanje. I recall Mr Dank on several occasions telling me 27 and others that the peptides were not banned by WADA or 28 ASADA and that they were not scheduled under the 29 Therapeutic Goods Administration Act. Mr Dank stated he 30 anticipated peptides would become scheduled in the future. 31 At the time I took Mr Dank's claims on face value."

.AFL Anti-Doping Tribunal 249 MR HOLMES 19/12/14 1 "I recall that over the course of these events 2 I had several other meetings with Mr Dank as part of 3 evaluating the Dr Ageless business and to see if peptides 4 had a role in that business. At one of the later meetings 5 I asked Mr Dank how he was able to sell them. He 6 explained that he was registered as a research and 7 development company and he got the people he dealt with, 8 his clients, to sign the form saying they were happy to be 9 involved in research. As I knew a bit about research and 10 development, such as the requirements for ethics committee 11 approval, I found his claims confusing and I challenged 12 his ability to run a research and development program. 13 However, in reply he assured me it was all okay." 14 "I recall another meeting with Mr Dank during 15 which the head of the ACT Natural Bodybuilding Federation 16 was also present. I can't recall the name of this person, 17 but he was present as a result of Shane Charter. Again 18 during the course of that meeting Mr Dank was openly 19 stating peptides were not banned, and when the head of the 20 ACTNBF said words to the effect, 'Shit, I think I've done 21 the wrong thing. I just banned somebody for using 22 peptides,' Mr Dank then agreed saying the athlete should 23 not have been banned because peptides were not prohibited 24 substances. I think the substance was GHRP6." 25 "I had initially taken Mr Dank's claims in 26 respect of peptides on face value as he was an expert in 27 the field and he worked with high performance athletes he 28 would be knowledgeable in this area. I ultimately 29 determined to investigate his claims." 30 "I came to realise you could do a search on ASADA 31 and WADA websites for peptides in order to ascertain

.AFL Anti-Doping Tribunal 250 MR HOLMES 19/12/14 1 whether or not the substance was banned. I checked the 2 prohibited substance GHRP6 on both ASADA websites. The 3 results were highly concerning. I had easily ascertained 4 that GHRP6 was prohibited. The checked the names of other 5 peptides which I was familiar with and determined that all 6 but one of them were also banned by ASADA and WADA. The 7 only peptide I could not find was Hexarelin and maybe 8 I was misspelling it or it might have been known by 9 another name. The reason I hadn't checked earlier is 10 because Dr Ageless's business which we were evaluating was 11 not interested in sports or athletes and it didn't concern 12 me." 13 As a result of my peptide analysis I emailed 14 Mr Charter on 12 March." I have read that out. 15 "I included a link to the ASADA website. I rang Mr Dank. 16 The call went unanswered and I left a message. He called 17 back a few days later. In a subsequent conversation 18 I told him about the peptides. He said, 'No, they're 19 not.' I said, 'Well, just check the ASADA website.' He 20 went quiet. 'Mate, you better stop giving them to 21 Essendon players.' He said, 'I'm not giving them 22 peptides.' 'Mate, I don't care what you're giving them as 23 long as it doesn't concern me. I'm letting you know 24 they're banned on the ASADA website.'" 25 "I also explained to Mr Dank that he had been 26 saying that peptides were not scheduled as if it were a 27 good thing but in fact that meant they could not be given 28 to anyone and that being scheduled was a good thing as it 29 meant the substance could be legally taken on what 30 scheduling the drug received by the TGA, whether it was S2 31 or S4. I ended the call shortly after."

.AFL Anti-Doping Tribunal 251 MR HOLMES 19/12/14 1 "I don't think I have spoken to him since. 2 During our face-to-face meetings I was given the 3 impression by Mr Dank he was administering peptides to 4 Essendon. I cannot be 100 per cent sure Mr Dank 5 specifically said words he was administering peptides to 6 Essendon players. The nature of our conversations were 7 such that I was left with the understanding he was in fact 8 giving the players peptides but what specific peptides 9 I could not say. He gave me the impression he was giving 10 peptides to all of the Essendon players and had developed 11 different peptide programs for different groups of players 12 depending on where these players were in their football 13 development." 14 "Throughout the conversations Mr Dank spoke 15 openly and freely about his use of peptides. This 16 occurred at every meeting we had. Mr Dank openly spoke of 17 their benefits and always stated that their status was 18 that they are not scheduled and not banned by WADA or 19 ASADA. I even recall one conversation where he said he 20 had an email or letter from either WADA or ASADA in which 21 it was stated that peptides were not a banned substance, 22 although he never produced this communication. This is 23 despite me having asked to view it on one prior occasion. 24 Mr Dank also spoke openly of his time at an NRL club and 25 the peptide program he ran there." 26 "I have never had a one-to-one meeting with 27 Mr Dank. All our meetings had other attendees. As 28 I recall, Charter and Dr Laurie Williams attended meetings 29 with Mr Dank as well as other invited attendees. Mr Dank 30 spoke openly of the benefits of peptides over the other 31 substances, including HGH, and always spoke openly of

.AFL Anti-Doping Tribunal 252 MR HOLMES 19/12/14 1 peptides not being banned. Throughout my business 2 dealings I routinely kept a business diary. During my 3 meetings I used this diary to make various notes. I have 4 been asked by ASADA to locate this diary. I have, 5 however, been unable to locate it." 6 "I can recall during one of my conversations with 7 Mr Dank he complained about Nima Alavi, the chemist, 8 producing peptides in clear bottles when they needed to be 9 housed in dark coloured bottles because they, the 10 peptides, were photosensitive. I do recall he mentioned 11 the name of the peptide and how it was photosensitive once 12 in liquid form but I can't recall what the name was. 13 I cannot recall anything further." 14 That was Mr Del Vecchio and his email on 15 12 March. Then if we go to page 285. 16 CHAIRMAN: That's of? 17 MR HOLMES: AS-3. 18 CHAIRMAN: Text messages. 19 MR HOLMES: Not the text messages, no. AS-3. We now have 20 Mr Hibbert talking to Mr Dank, "As per our discussion, 21 just forwarding some information". 22 MR GRACE: Is this just in relation to Dank? 23 MR HOLMES: Sorry, in relation to both because he's continuing 24 with his discussions with 25 nd you need to read the email. 26 "As per our discussion, I'm just forwarding some 27 information on increasing MGF levels. Most information 28 suggests that MGF can be significantly boosted way above 29 IGF levels by increasing human growth HGH or increasing 30 testosterone plus incorporating resistance training where 31 cortisol levels are significantly elevated. MGF is

.AFL Anti-Doping Tribunal 253 MR HOLMES 19/12/14 1 unregulated in the body and responds to mechanical stress 2 (exercise) and also responds to high acidity and heat 3 levels in the muscle cell. The increase of MGF" - that's 4 the Mechano Growth Factor - "in the body by heat seems to 5 be negated by increased cortisol levels. Any peptide 6 related to" - I insert human growth hormone - "may 7 up-regulate MGF, including in direct intramuscular 8 administration of peptides like CJC, ARD mimicking HGF or 9 even acting like either MFG or IGF-1. I now have many 10 cases where direct CJC administration to tissue 11 dramatically increases repair and size as seen in previous 12 cases where we were involved with last year. More 13 investigation needs to take place to find out how CJC 14 affects repair and growth. Does it regulate growth 15 factors? Does it act like a growth factor? Does it act 16 like a growth hormone? Does it increase both IGF and MGF? 17 Do other peptides with part sequences or fractions the 18 same as HGF act in the same way? Many shorter sequence 19 peptides could then be developed to mimic HGH without 20 being HGH and therefore get around any WADA rules. There 21 are many testosterone variations. HGH could have many 22 variations as well and, like the development of SARMs, 23 peptides could be developed to have selective HGH activity 24 in certain tissues. There seems to be an insignificant 25 difference in actual cellar signalling of many factors not 26 just MGF when comparing different types of contractions 27 (eccentric, concentric, isometric). Another thing that 28 keeps popping up is the mTOR pathway. Insulin, IGF and as 29 well as serum nutrient levels and nutrient types can 30 affect the expression of mTOR. Other small things also 31 have effects such as low cellar ATP levels, blunting the

.AFL Anti-Doping Tribunal 254 MR HOLMES 19/12/14 1 expression mTOR. This explains the importance of simple 2 carb rapidly absorbing protein and nutrient such as 3 creatine after exercise to help increase recovery because 4 mTOR is then up-regulated which is a controlling factor to 5 protein called protein synthesis. Also mTOR activates the 6 bench pathway which then activates the acid pathway. 7 These two pathways are involved in information and repair. 8 In conclusion" - remembering, I insert, Mechano Growth 9 Factor is banned - "Mechano Growth Factor can possibly be 10 increased by adding more and more stress on the muscle 11 plus increasing or stimulating HGH, CJC, Humanofort 12 et cetera. This stress does not need to be a contraction 13 as isometrics such as negative reps work as well. 14 Possibly there is a direct link between muscular growth 15 and time under tension for muscle group, adding more 16 isometrics to a routine, focusing on the burn marker of 17 acid build up and the pump marker of blood flow should be 18 emphasised for growth. Also making sure that the body is 19 fully fuelled with pre-workout nutrients to maximise and 20 burn and pump, and then after exercise rapidly absorbing 21 carbs and proteins plus other nutrients to help restore 22 ATP levels, activate the pathway and Humanofort to 23 up-regulate growth factors. Basically the same protocol 24 as we have been following. This evidence just backs up 25 our theories. Another theory on increasing MGF further is 26 to artificially increase cortisol or induce higher levels 27 aside from exercise alone, during exercise, then after 28 exercise rapidly reduce it by taking a supplement like 29 Humanofort plus protein and carbs." 30 Gentlemen, there are references to numerous 31 prohibited substances in this email. Any athlete, support

.AFL Anti-Doping Tribunal 255 MR HOLMES 19/12/14 1 person reading this would be on notice as to risks of 2 providing supplements to athletes. I think that's all 3 I wish to say at this stage. I was going to go on to the 4 text messages on 14 March, and that might be a - - - 5 CHAIRMAN: We will call it quits, Mr Holmes, here. 6 MR HOLMES: Yes, I think so. 7 CHAIRMAN: We will be resuming on 12 January. We anticipate, 8 unless some complications arise, that at some stage then 9 we will be able to proceed with the expert evidence as 10 previously planned. 11 MR HOLMES: We would be interposing them on that day. 12 CHAIRMAN: Yes. That's fine. We have given a direction about 13 any expert report to be provided to you by 5 January. Can 14 we say thank you for your cooperation during the week. We 15 have appreciated it. We wish you all a good Christmas 16 with friends and family, some relaxing time in the new 17 year and we look forward to seeing you on 12 January. 18 ADJOURNED UNTIL MONDAY, 12 JANUARY 2015 19 20 21 22 23 24 25 26 27 28 29 30 31

.AFL Anti-Doping Tribunal 256 MR HOLMES 19/12/14