ASADA 2.docx

7/25/2019 ASADA 2.docx

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ASADA EARL THYMOSIN

This document has been completed afte e!ie"in# $% The ASADA Inteim epot& A'L Anti%Dopin#

tanscipts and findin#s& Sando Eal(s AATA findin#s& Essendon(s )AS A"ad& aticles and inte!ie"s*

M+ assetion is that due to e!idence poduced b+ ASADA duin# Sando Eal(s inte!ie"s in Au#ust

,-./& he decided to step do"n and accept a po!isional suspension fom the NRL* He sou#ht to po!ide

0Substantial Assistance1 a#ainst Stephen Dan2 in an attempt to educe his 3 +ea sanction b+ 456*

Sando Eal(s coopeation "ould culminate in ASADA fabicatin# e!idence& distotin# fact to fit a

fictional timeline& e7uie and condone Eal to ma2e false public statements about Stephen Dan2&

2no"in#l+ si#n a false statement of tuth and ultimatel+& lie about bein# in8ected "ith Th+mosin*

- Eal "ould adopt a faudulent statement poduced b+ ASADA usin# incoect dates& 7uotin# non%

e9istent con!esations and ecollections of te9t messa#es the "itness sent& "hich ne!e actuall+

e9isted& all desi#ned to ceate an altenate time line of e!ents*

- :hen inte!ie"ed on The 'oot+ Sho"& he "ould lie and claim that Th+mosin "as used on his

shoulde at D ;han(s clinic& and that Dan2 tanspoted !ials of )


2/33

On , Au#ust ,-.. Dan2 fo"aded a te9t messa#e to Robinson statin#$

0Hi mate*


3/33

?ac2#ound

Ma+ ,-., Stephen Dan2 is inte!ie"ed b+ the A))

No!embe ,-., Dan2 is inte!ie"ed b+ A)) fo the ,ndtime

No!embe ,-., % Dan2 claims his phone(s contents ae do"nloaded b+ )ustoms at Melboune Aipotupon etunin# fom Bata*

,, Mach*,-./ NRL issues an inte!ie" notice to Eal e7uestin# attendance at an inte!ie" "ith

ASADA* Relatin# to 0the poduction& distibution& puchase& administation and use of pohibited

substances in the NRL1 Substances in 7uestion ae Co"th Homone Releasin# @eptide , CHR@%,&

Co"th Homone Releasin# @eptide F CHR@%F and )


4/33

,F Septembe ,-./ Eal(s inte!ie" "ith ;al Stefano!ic ais on )h =(s The 'oot+ Sho"* Eal ma2es

claims he "as in8ected "ith "hat he belie!ed to be )


5/33

0Hi mate*


6/33

I had a double shoulde econstuction in ,-..& spent the "hole +ea out 0 Sando Eal& Dail+

Tele#aph& ed& Could monitoin#

Eal(s ehab po#ess "ith the @h+sio "ho teated him afte the su#eies& and the @h+sio heself**

ntainted admissions fom Eal& and some eall+ fist class& #ood 7ualit+ heasa+*

It has also been !eball+ confimed b+ Could to a collea#ue of mine that Eal had a double shoulde

econstuction "hile at @enith*

I(m comfotabl+ satisfied Eal had a double shoulde econstuction*


7/33

No Thymosin Beta 4

'o efeence& the dates D ;han ceated in!oices fo the teatment of Sando Eal ae$

,& .,& ,,& ,F& ,= Au#ust ,-.. and 5& = and ., Septembe ,-..*

If the te9t messa#e "as about Eal& and Th+mosin ?eta 3 "as used on him& I belie!e cetain e!ents "ould

ha!e tanspied diffeentl+*

.* ASADA(s oi#inal notice e7uestin# an inte!ie" "ith Eal issued to him in Mach ,-./ did not

mention Th+mosin ?eta 3* ASADA "anted infomation fom Eal on Co"th Homone Releasin# @eptide

, CHR@%,& Co"th Homone Releasin# @eptide F CHR@%F and )


8/33

Th+mosin in the inte!ie"* Buestions to him ha!e a pupose* Eal(s e9planations of ho" Th+mosin is

in!ol!ed in his teatments ae * uncon!incin#* His uneas+ demeano and hesitation "hen ecountin#

details is !isible * I "ill e9plain consistenc+ and timeline issues in anothe section& but his comments

elatin# to Th+mosin use and the te9t messa#e include$%

a* ..min-sec

;al % :hat did the+ sa+ about "hat "as bein# usedP Did +ou as2 "hat substance it "asP

Eal % :ell I had an undestandin# and the+ mentioned it +es& )


9/33

4* On .F No!embe ,-./& The Dail+ Tele#aph obtained Eal(s Statement of )laim a#ainst D I8a> ;han*

Eal lod#ed the claim "ith the NS: Distict )out a#ainst D I8a> ;han fo medical ne#li#ence* It

alle#es that ;han$

- @upoted to administe a )


10/33

E!en thou#h the applicant said he "as unsue about the identit+ of the poduct& D ;han "as sue it "as

?eta 3 he "as 8ust unsue "hethe it had actuall+ been used* On the othe hand& the applicant said he

had 0definitel+1 used a fom of Th+mosin* Ci!en that M Dan2(s te9t messa#e efeed to the poduct

bein# 0so effecti!e in soft tissue maintenance1& it is implausible that the applicant "as bein# administeed

Th+mosin alpha* The li2elihood is that the substance bein# used b+ the applicant "as Th+mosin ?eta 3

se o attempted use of a pohibited substance is a beach of the anti%dopin# ules in the NAD scheme$clause ,*-.,b I find that it is possible that the applicant committed the non%pesence anti%dopin# ule

!iolations = and .-*1

M+ comment$ Thee is a efeence hee b+ 'ost "hich is inteestin#* The phase 0 D ;han "as sue it

"as ?eta 31* Thee ae onl+ , places this 7uote could come fom* Eithe Eal stated as much to ASADA

duin# his inte!ie"s& o D ;han made the statement in an inte!ie" to ASADA* In the "hole A'L Anti

Dopin# Tibunal tanscipt& a D ;han inte!ie" "ith ASADA "as not efeenced& and e!idence of Eal

statin# ;han tellin# him it 0"as definitel+ T?31 "as not pesented duin# the Tibunal* Thee "as a Dail+

Tele#aph aticle in Decembe ,-./ "hich listed ;han "as to be inte!ie"ed b+ ASADA& but no public

confimation b+ epots o ASADA ha!e been found*

If ;han "as inte!ie"ed b+ ASADA& and made that statement& it "ould ha!e been efeenced multiple

times duin# Tibunal poceedin#s li2e e!e+ supposedl+ impotant piece of e!idence & and it "asn(t*

I(m #uessin# it "as fabicated Eal heasa+ in his statement such as 0 I "as "ith D ;han& and he said the

Th+mosin "e "ee usin# "as definitel+ Th+mosin ?eta 31*

.-* Eal finall+ fonted his cha#es at the NRL Anti%Dopin# Tibunal& on .3 Octobe ,-.5& the NRL

Tibunal handed do"n a 3 +ea sanction fo the use& possession& taffic2in# and attempted taffic2in# of

multiple pohibited substances*

The NRL Tibunal found M Eal had committed a numbe of anti%dopin# ule !iolations$

- use of the pohibited substance )


11/33

potions of an email Eal sent to the autho e9plainin# his thou#hts in the lette& and on the "hole ASADA

pocess*

Thee ae , issues "hich I ha!e faced "ith m+ 3 +ea suspension* The use of )


12/33

)hip Le Cande "ites in the 0The Stai#ht Dope1& that Dan2 "as alle#edl+ inte!ie"ed t"ice b+ the

A))& once in Ma+ ,-.,& then in No!embe ,-.,* If his phone "as do"nloaded& messa#es could not be

used in Anti%Dopin# poceedin#s b+ ASADA* Le Cande also "ites that Dan2(s phone "as alle#edl+

seached b+ )ustoms etunin# fom Bata in No!embe ,-.,& obtainin# Eal(s te9ts* If )ustoms le#all+

passed these onto the A))& then onto ASADA* Eal(s appeal to AATA due to le#alit+ of te9ts used a#ainst

him& did not seem to contest the use of Dan2(s te9ts& onl+ ?en Dac+(s* :ith so man+ sections edacted inthe publicl+ eleased findin#s of the AATA& and no ele!ant e!idence poduced at the A'L Tibunal

tanscipts& it(s impossible to 2no" fo sue*

Dean Robinson had inte!ie"s "ith ASADA on Mach .=&,- and ,. of ,-./* ASADA issued the

inte!ie" notice fo Eal on Mach ,,* The lin2 bet"een them is due to the te9t of Au#ust , ,-..& bein#

supposedl+ about Eal& sent fom Dan2 to Robinson* ?ut& moe on that late*

I can(t po!e "hat ASADA had& but the+ pesented e!idence that caused Eal to accept an immediate

po!isional suspension* Eal "as sho"n e!idence elated to Dan2& and admitted to use and taffic2in# of

) ;han(s "itten defence to Eal(s

claims* To 7uote the aticle$

0D ;hans defence papes claim Eal bou#ht the substance to his clinic fo the initial teatment in

Au#ust ,-..& "ith a common undestandin# that Dan2 had supplied a substance not appo!ed fo human

use and banned unde s, of the :ADA code since ,--31*

0The defence papes ead$ Eal bou#ht the substance that D ;han in8ected into Eal& to the fist

consultation& althou#h Eal and M Dan2 confimed it had been supplied to Eal b+ M Dan2*

D ;han is claimin# Dan2 "as not pesent on , Au#ust ,-..*

Eal(s Statement of )laim included 0Dan2 handed o!e the !ial on o aound Septembe .,1* Eal usin#

the tem 0On o aound1 "as used to con!e+ the e!ent did not occu on Septembe ., ,-..& "hich it did

not* sin# the date Septembe .,& "as Eal(s demonstation of pese!in# his substantial assistance to

ASADA& "hile simultaneousl+ attemptin# moneta+ compensation fom ;han* Remembe ASADA still

e7uied him to po!e Dan2 "as pesent duin# the fist consult& , Au#ust& and that the actual

tanspotation of the !ials& happened at a late date& once supplies supposedl+ an out in Septembe*


13/33

,* Suppotin# D ;han(s "itten defence claims "ee the cha#es laid a#ainst Eal b+ ASADA

themsel!es& "hich Eal challen#ed to the AATA& and "ee publicl+ a!ailable to !ie" in Eal(s AATA

appeal decision* The+ include$

0ADRJ 5 possession of )


14/33

Sando Eal(s inte!ie"s "ith ASADA culminated in a statement adopted b+ Eal on No!embe . ,-./*

This "as the e!idence ASADA elied on at the A'L Anti%Dopin# Tibunal a#ainst the Essendon /3& to

sho" Dan2 used Th+mosin ?eta 3 on Eal& and Eal suppoted that assetion*

One of those inte!ie"s "as on .4 Septembe ,-./& "hich I belie!e "as used to pepae Eal& and #et his

0sto+1 stai#ht befoe admittin# to Th+mosin ?eta 3 use fo the fist time on the 'oot+ Sho" "hich aied

on the ,F Septembe*

Eal sa+s this about the initial Au#ust , consult and& then the collection of !ials fom Dan2 that he "as

initiall+ cha#ed "ith taffic2in# fo$

;al % Ho" did the teatment stat& "hee did the teatment ta2e placeP

Eal % Hed ahhh& told me that he "anted to setup the pocess to happen "ith a peson called D I8a>

;han& "ho he said hed "o2ed "ith pe!iousl+*

Eal % I met him at a clinic in Mascot "hich he ahhh "o2ed in in some capacit+& "hich "as an in8u+

cae clinic& "hich he descibed to me that he had some sot of pat o"neship in& "hich "as li2e a facilit+

fo ehabilitation fo people* I met him thee and he ahh told me about D i8a> ;han& and that "e "ee

#oin# out to see him& a#ain possibl+ a fe" da+s late in )abamatta*

;al % Tell me about the initial con!esation "ith D ;han& "hee "as it& "hat tanspied at that

consultationP

Eal % mm so I "ent "ith Stephen Dan2& ohh I met him thee& at a )abamatta clinic

;al % You "ee "ith Dan2& "hen +ou met "ith D ;han P

Eal % Yes

Eal % The con!esations basicall+ about "hat Dan2 "ants to use& ho" he "ants to do it*

;al % :ho supplied the !ialP

Eal % Stephen Dan2

;al % So Stephen Dan2*****;al % bin#s to the consultation "ith the Docto*****

Eal % In a coole ba#

;al % 0In a coole ?a#& in his o"n coole ba#P

Eal % Yep

;al % Hes #ot !ials of )


15/33

Eal % I dont 2no"* To his diect souce Im not sue& but "hat I no" 2no" to be some sot of

compoundin# phamacist hed been in contact "ith

;al % Lets ma2e it e!en moe simple& "hat did Dan2 instuct +ou to do& in ode to do& to #et moe of this

)


16/33

Eal on The 'oot+ Sho"$% D ;han as2s Eal to #et moe )


17/33

no Anti%Dopin# O#ani>ation is a"ae that an anti%dopin# ule !iolation mi#ht ha!e been

committed* It is not intended to appl+ to cicumstances "hee the admission occus afte

the Athlete o othe @eson 2no"s he o she is about to be cau#ht*

As stated in the )omment to Aticle .-*5*3& an admission of )


18/33

Substantial Assistance Aticle .-*5*/ alone& the peiod of Ineli#ibilit+ could be educed up

to thee%7uates of the t"o +eas*

/* nde Aticle .-*5*5& in considein# the spontaneous admission and Substantial

Assistance to#ethe& the most the sanction could be educed "ould be up to thee%7uates

of the t"o +eas* The minimum peiod of Ineli#ibilit+ "ould be si9 months*

3* If Aticle .-*5*3 "as consideed b+ the heain# panel in ai!in# at the minimum si9month peiod of Ineli#ibilit+ at step /& the peiod of Ineli#ibilit+ "ould stat on the date the

heain# panel imposed the sanction* If& ho"e!e& the heain# panel did not conside the

application of Aticle .-*5*3 in educin# the peiod of Ineli#ibilit+ in step /& then unde

Aticle .-*=*,& the commencement of the peiod of Ineli#ibilit+ could be stated as eal+ as

the date the anti%dopin# ule !iolation "as committed& po!ided that at least half of that

peiod minimum of thee months "ould ha!e to be se!ed afte the date of the heain#

decision*

Sando Eal "as denied his bid fo Substantial Assistance fo a fe" easons* He found this out in Ma+

,-.3& "hen he "as placed on ASADA(s Re#iste of 'indin#s& ASADA also concludin# his bid

unsuccessful due to not bein# entiel+ tuthful and fothcomin# "ith his 2no"led#e of allanti%dopin#

beaches*

Eal has efeenced the abo!e #uidelines& and pomises made to him b+ "hen spea2in# about his dealin#s

"ith ASADA*

4*/- Repot % ,


19/33

I!e been full+ coopeati!e& and I thin2 I!e been able to& ahh& +ou 2no" eall+ help ASADA out "ith thei

situation& and "hat the+e t+in# to do and achie!e& especiall+ "ith Stephen Dan2& that "as the base of

m+ Substantial Assistance

The Loc2e Room YouTube .. 'ebua+ ,-.F

:hat I did thin2 I "as able to do "as to po!ide massi!e assistance on the fact that "hat Stephen Dan2

had done& and at the time& that seemed !e+ !aluable* ntil I "as told in the late months& that cant be

used& it(s iele!ant and Stephen Dan2 cant be accused of an+thin# because hes not an athlete* :hat I

"as told& and then "hat happened the follo"in# months& "ee t"o completel+ diffeent thin#s* Thats

"hee the decei!in# thin#s fom the NRL and ASADA stated*

Sando Eal(s bid fo substantial assistance "as most li2el+ denied due to Eal not di!ul#in# an+

infomation he had on othe NRL pla+es* Anothe NRL pla+e& Matin ;enned+& "ho "as fiends "ith

Eal& "as also suspended b+ the NRL in connection "ith messa#es found on ?en Dac+(s phone*

In ASADA(s statement published on thei "ebsite detailin# Sando Eal(s suspension& ?en McDe!itt

included$If +ou ae #oin# to see2 a eduction in an anti%dopin# sanction b+ po!idin# Substantial Assistance(& +ou

must be "illin# to be entiel+ tuthful& full and fan2 in elation to +ou o"n and othe people(s

!iolations*1

It does be# the 7uestion& ho" +ou can publicl+ admit to Th+mosin ?eta 3 use& ecei!e an infaction notice

fo Th+mosin ?eta 3& #et +ou substantial assistance bid denied& then not be found #uilt+ fo Th+mosin

?eta 3& and not ha!e the easons eleased publicl+P

Do I ha!e to sa+ itP If +ou onl+ admitted it "hen ASADA pomised +ou a 456 eduction fo helpin# them

fabicate e!idence the+ needed to use in a tial to suspend /3 Essendon footballes*

The "onse#uen!es

I(ll list ho" ASADA used Eal(s e!idence& pesented b+ Malcolm Holmes B) at the A'L Anti%Dopin#

Tibunal& and then b+ the )AS panel in thei A"ad& utili>in# assumptions of Dan2(s intent to find the

pla+es #uilt+*

A'L Tibunal

.* MR HOLMES$ ?ut its an e9ample of& as +ou obse!e& M Dan2 teatin# pofessional footballes o

athletes "ith Th+mosin and not disputed b+ the ecipient*

,* MR CRA)E$ M Holmes elied upon that because thees a te9t messa#e bet"een Dan2 and Robinson

to the effect that M Holmes "ill see2 to impl+ that it means that Dan2 in8ected someone "ith Th+mosin

?eta%3 into his shoulde at some sta#e pio to the in8ection po#am at Essendon& and this "as an

e9ample of ho" #ood it could be*

MR HOLMES$ On , Au#ust thees no dispute he "as bein# teated b+ D ;han and thees no dispute % %

)HAIRMAN$ ;hans in!ol!ed in this*


20/33

MR HOLMES$ And thats the same time as he sends the te9t messa#e*

)HAIRMAN$ Thees a te9t messa#e elatin# to the shoulde*

MR CRA)E$ ?ut this is efeed to in the Eal inte!ie"*

)HAIRMAN$ Yes& I undestand*

MR CRA)E$ As somethin# that Dan2 has told Eal* Im not sue "hethe the peson bein# teated "as

Eal o % Im not sue M Holmes sa+s that o not*MR HOLMES$ I thin2 its pett+ clea he "as in thee "ith D ;han "hile D ;han "as teatin# M Eal*

/* MR HOLMES % Thee ma+ be othe e!idence in elation to that matte& fo e9ample& the te9t messa#es

and the in!oices and the pa+ments* If +ou loo2 at pa#e 34& paa#aph 53& on , Au#ust thee ae business

ecods of "hat he cha#ed fo& the patient& the in8ection and the date* , Au#ust is the date of that SMS

fom Dan2 to Robinson& He+& mate* Im in ha!in# a shoulde econstuction* So thee is documenta+

e!idence to suppot the mateial in this "hich "e "ould be tendein# in an+ e!ent& because "e assume

those mattes ae not in dispute

3* MR HOLMES % Then pehaps the most si#nificant thin# is "hat "as the pupose of these in8ectionsP

The pupose of these in8ections "as to aid eco!e+* Thats "hat the+ "ee told* If "e #o bac2 to the !e+fist si#npost& "hat "as the si#npostP It "as Dan2 sittin# in D ;hans su#e+ "ith Eal eco!ein# fom

the shoulde econstuction and Dan2 sa+in#& :e ae utilisin# Th+mosin to aid eco!e+ afte su#e+*

5* Then if "e #o to the ne9t si#npost& .& the foms actuall+ pic2 this up because the+ sa+ the pupose of

the in8ections "as to achie!e a eduction in the time e7uied fo eco!e+* Reco!e+ fom "hatP This is

Dan2 #ettin# all the pla+es to si#n up to a eco!e+ in8ection e#ime* :hethe the+ need eco!e+ o not&

its #oin# to last fo the season* Its cleal+ intended b+ Dan2 and the pla+es to ha!e a eco!e+ benefit*

F* MR HOLMES % :e didnt ha!e the e!idence* :e didnt undestand the si#nificance if +ou ha!e a piece

of 8i#sa" % until the 8i#sa" is filled in& +ou cant popel+ assess the si#nificance of it* The fist piece in

the 8i#sa" "as the te9t on , Au#ust ,-..* On , Au#ust ,-.. % "e efe to this in paa#aph 4, of oufactual naati!e % "e ha!e Dan2 "ith M Eal and D ;han at his su#e+* The+ ae usin# Th+mosin afte

su#e+* The+ ae usin# Th+mosin to aid eco!e+ fom the shoulde econstuction* Dan2 is epotin# on

his use of the peptide Th+mosin to Robinson* Dan2 and Robinson in the pe!ious +ea& ,-.-& had used

)


21/33

)hate and M Ala!i*

)AS

.* Aound ;han and be#an

teatin# a @enith NRL pla+e named Sando Eal&

/*:ADAs submissions& in essence& ma+ be summai>ed as follo"s$

In ,-.,& each of the @la+es used T?%3*

The @anel can be comfotabl+ satisfied of this fact because inte alia $

- M* Dan2 has a histo+ of use of T?%3 in athlete dopin# po#ams*

-

In the second half of ,-..& M* Dan2 "as emplo+ed b+ Essendon as a SpotsScientist*

- ?et"een about


22/33

F* It is ob!ious that M* Dan2s e#ime "as not desi#ned o ma2eted fo an+ paticula pla+eQ it "as

desi#ned and ma2eted fo the "hole team and Th+mosin "as touted as the 8e"el in the co"n of the

e#ime see M* Dan2s te9t messa#e to M* Robinson of ,/ Au#ust ,-..

4* The @anel e8ects the a#ument* It is ob!ious that M* Dan2s e#ime "as not desi#ned

o ma2eted fo an+ paticula pla+eQ it "as desi#ned and ma2eted fo the "hole teamand Th+mosin "as touted as the 8e"el in the co"n of the e#ime see M* Dan2s te9t

messa#e to M* Robinson of , Au#ust ,-.. 7uoted in paa* .,-ii* No such encomium

"as "itten in espect of othe aspects of the e#ime such as AOD& "hich the @anel

accepts some @la+es at least ma+ also ha!e administeed* Thee is e!e+ eason to

conclude that& #i!en the pupose of the in8ection of Th+mosin "as to heal dama#ed

tissue and to speed eco!e+& M* Dan2 "ould ha!e applied it to an+ paticula pla+e&

fit o in8ued& as lon# as pla+in# in the fist team o ese!es o e!en simpl+ unde#oin#

the hea!+ tainin# to "hich e!e+one testified& since all "ould be seen as its

beneficiaies* 'o M* Dan2 to ha!e abitail+ omitted to #i!e an+ pla+e in8ection of

Th+mosin "ould ha!e made no sense* His o"n eputation and futue "ee at sta2eQ he

"ould not ha!e abandoned "hat he thou#ht i#htl+ o "on#l+ "as the most potent

element in his e#ime*

ltimatel+& "hile the A'L Tibunal coectl+ i#noed the bul2 of ASADA(s e!idence a#ainst Essendon&

the )AS had no such hesitation in assumin# that a Eal(s testimon+ and !esion of e!ents "ee factual&

b po!ed to them Dan2(s intentions at Essendon and c the+ "ee #uilt+*

:ithout Sando Eal and his Th+mosin ?eta 3 chicane+& thee ae no stands in a cable& let alone lin2s in

a chain*

Te$t Messages

I(d li2e to hi#hli#ht a point M Cace& the Essendon pla+es counsel& ma2es duin# the A'L Tibunal* The

)haiman of the Tibunal assumed the te9ts "ee eal due to ASADA(s #o!enment a#enc+ infomation

shain# capabilities* The public "ould also assume the te9ts "ee eal* ASADA "ould li2e e!e+one to

assume the te9ts "ee eal* M Cace "as not so sue* The pla+es "ee not po!ided an+ documents that

the te9t e9tacts po!ided to them& supposedl+ obtained fom "itnesses de!ices& had been !eified b+

an+one*

ASADA essentiall+ #a!e the pla+es counsel a list of te9t messa#es& detailin# the date& sende and

ecipient of supposed messa#es* The messa#es "ee ne!e !eified as accuate* ASADA poduced them to

the pla+es& and the Tibunal "ith no poof "hatsoe!e that the+ "ee factual* Some "ee not e!en

ph+sicall+ e9tacted fom a "itness( de!ice* *


23/33

Messa#es "ee included in the e9tacts& and the onl+ poof of thei e9istence "as a "itness !eball+

efein# to the alle#ed te9t in an inte!ie" o statement to ASADA* Such as 0I emembe , +eas a#o on

., Septembe& I sent Dan2 a te9t messa#eQ ?in# me a sausa#e oll& don(t fo#et the sauce(*

?oom& thee(s +ou e!idence*

'om the A'L Tibunal Tanscipts$%

.* M Cace % So thee is no misundestandin# about all of this& "e ob8ect to an+ statements o inte!ie"s

of Ala!i& )hate& Eal& Del Jecchio o an+ othe "itness that "e ha!e e7uested to be pesent "hos not

fo "hate!e eason*

?ut also "hats inheent in that is "e ob8ect to all te9t messa#es bet"een those pesons mentioned bein#

tendeed& that "ee also efeed to at len#th duin# the couse of inte!ie"s and statements and emails*

:e ob8ect to documents that ma+ be efeed to and e9plained b+ them in the !aious documents* :e

ob8ect& fo instance& to that cetificate of anal+sis "hich "as the sub8ect of coss%e9amination toda+ as an

e9ample* So thee is a "hole host of mateial thats ob8ected to that is dependent upon the ulin#s in pat

of admissibilit+ on the !oi die& but it #oes be+ond that to documenta+ e!idence elied upon such as

tanscipts of te9t messa#es*

,* )HAIRMAN$ Yes* The+ ae contempoaneous ecods*

MR CRA)E$ No& the+ ae not& "ith espect& si* The+ ae asseted to be fom U to Y "ithout an+ othe

than "hats stated in the statements of the "itnesses as to "ho the+ ae fom and "ho the+ ae to*

)HAIRMAN$ The document that "e ha!e #ot "hich has #ot these hundeds and hundeds of SMS

messa#es I assume is based upon the fact that the+ !eif+ "hose phone it came fom*

MR CRA)E$ :e ha!ent #ot that mateial*

)HAIRMAN$ Thats the assumption I made& that it "as based upon bein# able to access cetain ecods

"hich enabled that infomation to be po!ided* I could undestand that thee mi#ht be a desie to coss%

e9amine the paticipants in the messa#es about the messa#es* I cetainl+ didnt undestand that thee "as

an+ issue about the authenticit+ of the messa#es*MR HOLMES$ )an "e as2 fo @ofesso Handelsman to be e9cusedP

)HAIRMAN$ Yes& Im so+* @ofesso * You dont need to be "oied about all these thin#s* @ofesso&

than2s fo +ou assistance* :e appeciate +ou bein# a!ailable ne9t "ee2* :e hope +ou ta!els #o "ell*

VTHE :ITNESS :ITHDRE:

)HAIRMAN$ Thee bette be some discussion about this because cetainl+ the last thin# that occued to

me "as thee "as an+ issue about the authenticit+ of these SMS messa#es*

MR HOLMES$ :e had assumed the authenticit+ "as not disputed*

)HAIRMAN$ I assumed ASADA has been able to use its abilit+ to obtain access to the ecods that

enabled those messa#es to be tanscibed* Its anothe matte as to "antin# to coss%e9amine Dan2 about

"hat he said in an SMS messa#e* I undestand that* ?ut as to "hethe the messa#e "ent fom Dan2 to

Ala!i as stated hee at the time its stated and the messa#e "as as stated % % %

MR HOLMES$ All of those indi!iduall+ can be po!ed if "e call the !aious public se!ants "ho "ee

in!ol!ed % % %

)HAIRMAN$ I thin2 +ou need to ha!e a discussion about that because if "e ae #oin# to #o do"n that

tac2 "e "ill beluc2+ to #et a decision b+ the middle of the +ea*

MR HOLMES$ O ne9t +ea*


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)HAIRMAN$ :hich I dont thin2 is of an+ assistance to an+one in this case& if I ma+ sa+ so* Lets ha!e

issues about "hat ae eal issues& #entlemen and ladies*

Maged Sedra%

ASADA inte!ie"ed Seda2 on / occasions* He "as belie!ed to ha!e been Stephen Dan2(s souce of

peptides in S+dne+ fom Au#ust to No!embe ,-..*

In pat due to this statement in his fist inte!ie" on ,- Mach ,-./*

He came hee Au#ust ,-..* Duin# ,-.. I dont 2no" "ho is Stephen Dan2*1

In The A'L Anti%Dopin# Tibunal factual bac2#ound duin# intoduction$

0Aound


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4*/- Repot& ,- Au#ust ,-./ % If moe 7uestions had been as2ed& the club "ould ha!e disco!eed anothe

poblem eal+ on* 4$/- can e!eal the identit+ of the compoundin# phamacist Ste!e Dan2 used at the

time he "as at the Sha2s* Ma#ed Seda2 is a phamacist based hee in the Sha2s home subub&

)onulla*:hen 4$/- appoached phamacist Ma#ed Seda2 he told us that ASADA has contacted him

t"ice& see2in# to inte!ie" him about his ole in )onullas supplements e#ime*

So ho" can +ou put e!idence to )onulla pla+es that Seda2 po!ided peptides to Dan2 and Daen

Hibbet that "ee in8ected into Sha2s pla+es in MachGApilGMa+ ,-..& and then subse7uentl+ pesent

e!idence to Essendon that Dan2 fist met Seda2 in ed in the last fe" "ee2s* It(s an e9ample of "hen ASADA(s

e!idence is e9amined in moe detail& +ou 8ust can(t be .-- pecent sue it(s based on ealit+*

I al"a+s loo2ed at the e!idence concenin# Sando Eal "ith e#ad to the t"o messa#es Dan2 sent Dean

Robinson in Au#ust ,-..& and the Octobe ,-.. e9chan#e& as factual*

, Au#ust ,-.. Dan2 to Robinson

Hi mate*


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As stated pe!iousl+& Dean Robinson "as inte!ie"ed b+ ASADA on .=&,-&,. Mach ,-./*

Sando Eal "as e7uested to attend an ASADA inte!ie" on ,, Mach ,-./*

Once the ASADA in!esti#ation "as public ne"s in 'ebua+ ,-./& thee "ee man+ lea2s of te9ts and

emails elated to Essendon and Dan2* Dan2 "as assumed to ha!e lea2ed cetain sets of te9ts at the time

due to


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A'L Tibunal tanscipts sho" Dean Robinson "as 7uestioned about the Au#ust te9t messa#es fom Dan2

on Au#ust ,-./* :h+ the need to inte!ie" Robinson a#ainP

The Au#ust , te9t "as edacted fom the ASADA Inteim epot po!ided to the A'L on Au#ust , ,-./*

Yet appeaed in the Notice of )ha#e to Essendon pepaed b+ the A'L& dated ./ Au#ust ,-./& and

eleased to the public late in Au#ust*

Thee ae situations I loo2ed into e#adin# the A)) obtainin# infomation fom mobile phones& then

shain# it "ith ASADA le#all+$ the A)) can shae it if data is #ained b+ )ustoms and passed onto them&

the+ can(t if the A)) obtained duin# an inte!ie" "ith a "itness blah blah blah& the @i!ac+ Act& the

ASADA Act and ho" all the abo!e contibute to infomation bein# edacted fom the Inteim Repot but

then appeain# in the Notice of )ha#e& but then I don(t "ant to boe +ou an+ moe than I alead+ ha!e*


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"itness( phone& I thou#ht about the t"o paticipants* :h+ didn(t Stephen Dan2 sa+ an+thin# publicl+

about te9ts and occuences attibuted to him that mi#ht ha!e ne!e happenedP :hile silent on details&

Dan2 has peiodicall+ po!ided insi#ht into his thou#hts on ASADA and it(s pusuit of the Essendon

pla+es*

Stephen Dan2& A?)& 'ebua+ 5 ,-.5 % 0And I lau#h a little bit about some of the e!idence that Im bein#

told is bein# pesented at the moment at the A'L Tibunal because its e!idence "hich in no "a+& shape o

fom is eal& in no "a+& shape o fom has an+ basis and to be honest in no "a+& shape o fom& has had

an+ eal meanin# in elation to the tue facts of the case as it happens*1

Stephen Dan2& A?)& 'ebua+ 5 ,-.5 % 0:ell fist of all& simpl+ to ai it publicall+ isnt #oin# to bin#

about 8ustice and that "as one eason "h+ "e didnt bothe to !entue into the 7uasi%8udicial s+stem of the

2an#aoo cout in!ol!in# the A'L tibunal and ASADA* I mean& that can onl+ be ealised in a pope

8udicial pocess associated "ith a cout of la"*1

Stephen Dan2& A?)& 'ebua+ 5 ,-.5 % 0Oh& as I said& Im not #oin# to #o into specifics& but as I said "e

"ant cetain people& cetain bodies bou#ht to 8ustice fo "hat the+!e done thou#hout all of this*1

Stephen Dan2& A?)& 'ebua+ 5 ,-.5 % 0:e don(t 8ust "ant to "in defamation cases and dama#es cases*

:e "ant to bin# people to the 8udicial pocess "ho need to be put unde full in!esti#ation fo thei

actions thou#hout this "hole in!esti#ation*

Stephen Dan2& RRR


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Mal!olm Holmes '"

Malcolm Holmes B) "as ASADA(s lead counsel at the A'L Tibunal a#ainst the Essendon /3*

He "as also acoss all de!elopments in the case fom ,-./& actin# as an ad!iso to ASADA and theicase*

The Age, () *une +(4 -'aifa9 Media has confimed that ASADA(s thid ad!ise o!e the past +ea has

been Malcolm Holmes& B)& an intenationall+ eco#nised )out of Abitation fo Spot membe "ho sat

on a thee%membe panel cha#ed "ith in!esti#atin# couption in "old c+clin# afte Amston#(s

demise*

?ut Holmes( e9petise in the )out of Abitation fo Spot has been paticulal+ ele!ant to ASADA

duin# its e!ie" of the case it has built a#ainst Essendon*

I found somethin# inteestin#* If Holmes has been in!ol!ed "ith the e!idence ASADA #atheed since

sometime in ,-./& and he also epesented ASADA in late ,-.3 and eal+ ,-.5 a#ainst the Essendonpla+es& he is a"ae of Ma#ed Seda2(s e!idence and timeline issues "ith e!idence pesented to )onulla

and then diffeent timelines pesented to Essendon pla+es*

Moe impotantl+& Malcolm Holmes B) epesented ASADA a#ainst Sando Eal "hen Eal appealed his

ent+ on the Re#iste of 'indin#s*

Hee ae the details of Eal(s appeal to the AATA$

K,-.3 AATA =F

Di!ision CENERAL ADMINISTRATIJE DIJISION

'ile Numbe ,-.3G,4,

Re Sando Eal

A@@LI)ANT

And Anti%Dopin# Rule Jiolation @anel

RES@ONDENT

And )hief E9ecuti!e Office& Austalian Spots Anti%Dopin# Authoit+


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This is the case "hee ASADA had used e!idence fom Dan2(s phone to cause Eal to admit to )


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the+ didnt 2no" the+ "ee doin# somethin#* And suel+ the+ didnt thin2 the+ "ee doin# that to "hiten

thei teeth #ettin# all those in8ections*

:ADA Diecto Ceneal Da!id Ho"man& 'o9Spots 0This case sho"s that anal+tical and non%anal+tical

e!idence #atheed thou#h an in!esti#ation can be successfull+ pesented to an independent panel& :ADA

is pleased that the )AS panel upheld the standads of poof set out unde the :old Anti%Dopin# )ode

0If the A'L Tibunal(s decision had pe!ailed& it "ould ha!e set a dama#in# pecedent fo futue non

anal+tical anti%dopin# casesQ and& theefoe& been detimental fo anti%dopin# effots "old"ide*1

0If the )out of Abitation fo Spot said the oi#inal decision "as i#ht then "e "ould be in a !e+

difficult position to po!e an+ non%anal+tical case an+ case that depended on e!idence bein# #atheed

b+ in!esti#ation&1 he said* 0It 8ust "ould(!e been impossible and "e felt that "asn(t the spiit of the

:ADA )ode* It "asn(t the "a+ "e "anted the )ode to be constued and it cetainl+ "asn(t the "a+ it

had been constued in the past*

0:e(!e had e9peience of man+& man+ cases& includin# dis#aced spinte Tim Mont#ome+ and the

?AL)O case "hee the standad of poof "as diffeent&1 Ho"man said*

0It(s the standad of poof +ou(e loo2in# at& not the e!idence itself* It(s the "a+ +ou constue thee!idence and sa+ ho" much is e7uied to #et to the situation "hee a beach of the ules has been made*

0Buite simpl+& and in a collo7uial "a+& the )out of Abitation fo Spot said it "as the stand appoach(

in othe "ods& +ou #et each stand of e!idence and line it up to see if it(s a ston# enou#h ope* Rathe

than the chain appoach(& "hich "as adopted b+ the othe tibunal decision "hee if one chain is not

thee then "hole thin# falls o!e*


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"harges

Some desciptions of ele!ant cha#es if the abo!e is coect*

TAM@ERINC :ITH EJIDEN)E ASADA& Eal& Holmes

:hat the police must po!e$

To con!ict +ou of a tampein# "ith e!idence cha#e& the police must po!e each of the follo"in# mattes

be+ond a easonable doubt$

You suppessed& concealed& desto+ed& alteed o falsified an+thin#& o fabicated false e!idence othe

than b+ pe8u+ o subonin# pe8u+& o 2no"in#l+ made use of fabicated false e!idence*

You 2ne" that it "as o ma+ be e7uied as e!idence in an+ 8udicial poceedin#*

It "as done "ith intent to mislead an+ 8udicial tibunal in an+ 8udicial poceedin#*

The+ "ill also need to po!e that +ou "ee the peson "ho committed the tampein# "ith e!idence

offence*

'ALSE A))SATIONS ASADA* Eal& Holmes

:hat the police must po!e$To con!ict +ou of a false accusations cha#e& the police must po!e each of the follo"in# mattes be+ond

a easonable doubt$

You made an accusation*

It "as "ith the intention of ma2in# a peson to be the sub8ect of an in!esti#ation of an offence*

You 2ne" that othe peson "as innocent of the offence*

The+ "ill also need to po!e that +ou "ee the peson "ho committed the false accusations offence*

@ER


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ASADA 2.docx

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