The CAS transcripts: highlights from Day 3 (part 2)
The following gives insight into statements from various lawyers, CAS panellists, and expert witnesses, that most media have never reported.
Out of respect to players, their names are redacted. “PLAYER” refers to different players at different times.
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DR VINE [expert witness for players: I’m sort of puzzled about why WADA have the issue that you can use multiple isotope peaks for fragments but it’s silent about parents.
PROF THEVIS [expert witness for WADA]: No, it’s the other way round; you can have that for parents but not fragments.
DR VINE: I thought it was fragments, not parents.
PROF THEVIS: Yes, you’re right, sorry, yeah.
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PROF BOYD [expert witness for players]: … it’s well-known that platelets are a very rich source of TB-4, and platelet-rich plasma is accepted by sporting bodies such as the AFL as a legitimate treatment, and I think it’s highly possible that platelet-rich plasma injected into a player for whatever purpose could result in an endogenous increase in TB-4. It can be exogenous provided by the platelets and the platelets themselves can produce its production by surrounding white cells.
THE CHAIR: Just give us examples of when that might be used?
PROF BOYD: In treatment of knee injuries, for example.
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GLEESON [for AFL]: Does it mean that, in order to obtain any benefit from the product, you’d need be injecting it only hours before the game starts, or the training?
PROF BOYD [expert witness for players]: Well, that’s right; what we don’t know is the time it takes to biologically affect any tissues once it was deliberately injected… the kinetics to that, to my knowledge, have not been worked out properly, nor are they absolutely unequivocally proven.
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PROF MADIGAN [expert witness for players]: … we have the 27 measurements from the Essendon players and then we have this set of 54 measurement from other AFL players, some from Essendon.
The key question is, in the 27 Essendon players, the one value in particular, and maybe some of the other ones as well, the question is, are they really large values? How do we know that they are large values? So when you compare it with the 54 measurements, there are large values in there too. It seems to me that, to then say, ahh, but that’s because those players must have been doping, is just all too convenient…
It seems to me, the comparison of the 27 and the 54 in no way demonstrates that there was doping going on of the Essendon players.
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PROF HANDELSMAN [expert witness for WADA]: I believe that doping of TB-4 was quite prevalent in 2012 among AFL…
SPIGELMAN [CAS arbitrator]: This is not within your area of expertise, is it? You’ve been provided this information by someone else?
PROF HANDELSMAN: As a person who is involved in anti-doping, it is something I observe, watch closely.
SPIGELMAN: But it’s equivalent to a lay interest.
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PROF HANDELSMAN: I think it’s also known that Dank managed individual players privately outside specific clubs.
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HALLOWES [for two players]: …even if we classed the 10 samples above 20 nanograms per millilitre as potentially suspicious from the AFL samples, that’s actually a higher rate of suspicion amongst that broader AFL community than there is in the Essendon Football Club; correct?
PROF HANDELSMAN: That’s possible, yes.
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CLELLAND: We would have thought that the relevant enquiry was what evidence Professor Handelsman has that any of those players in the AFL sample were using Thymosin Beta-4 within 24 hours of the test.
PROF HANDELSMAN: No, I do not have evidence…
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GLEESON [for the AFL]: If the tribunal were to find that this [EFC] player did not receive an injection of TB-4 within the 24 hours, that would strike a fatal blow for your conclusion that the AFL samples, the other AFL samples, indicate that TB-4 was being widely used within the AFL.
J34 comment: It would also strike a fatal blow for WADA’s case against 34 players.
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GLEESON: Did you ever receive one of your injections on match day?
PLAYER: No.
GLEESON: Did you ever receive one of your injections on the day before match day?
PLAYER: No.
J34 comment: wouldn’t any alleged use of a performance-enhancing substance be before a game?
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Justice for the 34 renews its call for a Senate or Independent inquiry into anti-doping with wide ranging terms of reference which allow all sporting bodies, all athletes, and all interested parties to make representations.
It’s in the national interest.
Support an independent inquiry to sort this mess out.