Sorry Saga - “It’s actually quite funny people thinking they know more than they actually do”


#6971

"Dear Editor

Chip Le Grand ( Online peptides carry crime risk 28 December 2018) correctly points out ‘The Court of Arbitration for Sport found Mr Dank in 2012 administered another banned peptide, Thymosin Beta-4 to 34 Essendon footballers.’

What Chip Le Grand fails to mention, however, is that the AFL Tribunal, comprising two Australian judges and an Australian barrister, applying Australian legal principles, had found that Mr Dank had not (I repeat not) administered TB4 to the players. In fact, the tribunal threw out ASADA’s case in its entirety. The tribunal found there was no evidence to support ASADA’s case that Mr Dank had given the 34 players TB4.

The World Anti-Doping Authority then launched a fresh trial, not an appeal, to CAS charging the players with being administered TB4 by Mr Dank. WADA never prosecuted Mr Dank and, therefore, Mr Dank, under the ASADA/WADA/CAS system of justice remains cleared of giving the 34 Essendon players TB4. Yet the 34 Essendon players were found guilty of TB4 being administered to them by Mr Dank.

Go figure! Such contorted logic could only apply in a kangaroo court. Fortunately for the bulk of Australians it has no place in our legal system. Unfortunately for Australia’s athletes, they are forced by the government to sign up to this unfair, and easily manipulated system if they want to pursue their sporting dreams.

Allan Hird"


#6972

Good question.
Not sure.


#6973

The entire WADA trial was a joke.

Edit: As was the AFL response to it.
They had every justification to say, ‘■■■■ off, idiots.’


#6974

So obviously Ben knew about this. The man is pure evil. If they don’t know already hopefully one day his family will know the lie that is Ben mcdevitt.


#6975

Just like Mick Keelty, McDevitt, has gone into that black hole of oblivion, never to be seen again, I hope.

(unless there is to be retribution of course, he along with all the other ■■■■■■)


#6976

Who’da thunk Keelty would crawl away?
I mean, before bacchus’s recent posts.


#6977

Obviously meaning, he can’t read it.


#6978

Petition update and I can now confirm Bruce is in contact with many of the 34 players.

"I can prove ASADA presented a corrupt case to the ADRVP" Bruce Francis.

The following email was sent to Mr Lindsay Tanner, Chairman, Essendon Football Club, and Mr Xavier Campbell, Chief Executive, Essendon Football Club on 23 December 2018 by Mr Bruce Francis, an independent investigator, following the recent success of his FOI appeal.

More importantly, Mr Francis is in contact with many of the Essendon 34 players. He copied these players into this email hoping they would also contact Mr Tanner. He has requested readers of the Petition, Facebook and Blitz to write to Mr Tanner and/or Mr Campbell to urge them to cooperate with him.

"Dear Mr Tanner and Mr Campbell

Please forward this email to the rest of the board and acknowledge that you have done so.

As you are aware, I believed that ASADA not only ran a very corrupt investigation into Essendon in 2013-2014 but also made a corrupted presentation without peer to the Anti-Doping Review Violation Panel (ADRVP) on 3 November 2014.

Unfortunately, without access to the ASADA presentation documents, it was impossible to prove beyond a reasonable doubt that the ADRVP process was corrupt. To that end, on 22 June 2016, I made an FOI request to ASADA for the ADRVP presentation documents.

After exchanging over one hundred emails and letters with ASADA and the Australian Information Commissioner (OAIC), ASADA released a 97-page document.to me on 2 November 2018. The bad news was that about 90 pages were redacted. Unbelievably, 30 per cent of the Contents Page was redacted.

The good news for me, the 34 Essendon players and the club, and bad news for ASADA, was there was sufficient information in the seven pages to know I had got the lying bastards. The document, plus my follow-up FOI request, proved that the process to get the Essendon players should have been aborted at the ADRVP stage.

The seven non-redacted pages created an opening to make a further FOI request, which I made on 6 November 2018. ASADA complied yesterday, Friday 21 December.

The released documents on Friday were media reports submitted by ASADA to the ADRVP to make the case that Thymosin was Thymosin Beta-4 and that 34 Essendon players may have been administered Thymosin and therefore may have been administered Thymosin Beta-4. It is unconscionable and incomprehensible that ASADA believed, and the ADRVP accepted, that media reports were evidence, particularly as the media reports were cherry-picked, as you will see. viz

i. A transcript of an interview between Stephen Dank and the ABC’s Caro Meldrum-Hanna

ii. An Age article (5 July 2013) by Richard Baker, Jake Niall, John Silvester and Nick McKenzie. The article contained the Age’s standard go-to play – numerous “we understand” and “unnamed sources”, plus omission of information which would have made the included facts redundant. As an example the article included an invoice for ‘Thymosin peptides’ but forgot to include the fact that the invoice was subsequently reversed.

iii. An Age article (13 June 2014) by Nick McKenzie. This article contributed most to the ADRVP findings, contributed most to the Court of Arbitration for Sport guilty findings and contributed most to Jobe Watson losing his Brownlow. Inter alia, the article said:

“In August that year [2011] ASADA alleges that Dank told Robinson via a text message that TB-4 (my emphasis) would be the ‘cornerstone’ of his work at the Bombers (my emphasis) because it could accelerate player recovery.”

The actual text that was sent on 23 August 2013 said:

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

My Comment:

The article written by McKenzie that ASADA tabled with the ADRVP disingenuously replaced the word ‘Thymosin’ with ‘TB-4’

The article written by McKenzie that ASADA tabled with the ADRVP inserted the word ‘Bombers’. The text did not state which organisation Dank was referring to. Given he and Robinson were working on a number of projects, ASADA had no way of knowing who Dank was referring to.

Robinson hadn’t even started at Essendon when the text was sent.
Dank hadn’t even been interviewed for a job at Essendon when he sent the text

ASADA must have illegally obtained a copy of the text from the Australian Crime Commission

It is incomprehensible that ASADA tabled McKenzie’s article with the ADRVP when it knew the article contained an incorrect version of the 23 August 2011 text.

But McKenzie’s stupidity or chicanery, and ASADA’s corruption was only just beginning. In his 13 June 2014 article, McKenzie also referred to an interview with Dank on 9 April 2013. Inter alia, McKenzie said:

“I’d told him that the peptide he had, moments before, freely admitted giving Essendon players in 2012 had been added to the Australian Sports Anti-Doping Authority’s list of banned doping agents. Previously, the peptide Thymosin Beta 4 (TB4) had only been captured under a catch-all World Anti-Doping Agency clause. Dank had previously claimed to be supremely confident of evading this clause by using his self-professed superior scientific wisdom about what could be deemed a performance-enhancing peptide.

“But TB4’s arrival on a specific list of prohibited WADA substances made it clear that the anti-doping officials who Dank referred to as “idiots” weren’t convinced about Dank’s particular school of science. ASADA’s probe into him was still in its infancy, but Dank knew why the listing of TB4 was bad news. It signalled that ASADA would be gunning for any players he had treated with the drug.

“While still interviewing Dank, I rechecked the ASADA website and told Dank that it listed TB4 as “prohibited in all routes and out of competition”.

“In early April 2013 [9 April 2011), Dank not only told me he used TB4 on Essendon players but said he did so because there was “very good data that supports Thymosin Beta 4”.

“When I told him that according to the ASADA website, WADA had specifically banned the drug, he said the move was “just mind-blowing”.

'I think they’ve only just put that in to back up their case" against the Bombers, he said.

“A day later, when I told Dank that The Age was set to publish his comments about TB4, he asked to clarify his interview. He never meant to refer to Thymosin Beta 4, he told me. The drug he had given the Bombers players was in fact Thymomodulin. Dank and the Bombers have hung onto this claim ever since.

“In contrast, ASADA believes the information supplied to it by Charter, Alavi and others (my emphasis) is enough to convince an anti-doping tribunal that a case has been made out.

My Comment:

McKenzie is either one of the most inept journos of all time and missed a great scoop or he is a liar who changed Dank’s words. Two days after the 9 April 2011 interview referred above in his 13 June 2014 article McKenzie in his 11 April 2011 article inter alia, said:

“When asked why thymosin peptides were given to players as an immune system booster when there is debate about their effectiveness, Dank said: ‘Well, apart from the fact that we won 11 out of our first 14 games … at the end of the day, I was very happy with the science.’"

VIP – Note the difference in the two articles:

In the 11 April 2011 article, which was written two days after the interview, McKenzie quoted Dank using the term “thymosin peptides”. Yet, 429 days later, on 13 June 2014, McKenzie stated unequivocally that Dank used the term “Thymosin Beta-4”. Dank didn’t use the term.

The quote from the 11 April article which referred to Thymosin contained only 51 words in a 1295 word article. Although the two articles were based on the same 9 April 2011 interview, the 13 June 2014 article bears no resemblance to the 11 April 2011 article.

To its great shame, and in an act of corruption ASADA, only tabled McKenzie’s 13 June 2014 article with the ADRVP.

McKenzie’s statement that “ASADA believes the information supplied to it by Charter, Alavi and others (my emphasis) is enough to convince an anti-doping tribunal that a case has been made out depended on ASADA acting corruptly through cherry-picking comments.

Charter told ASADA investigators on 6 May 2013 that he had no direct knowledge of Essendon’s supplementation programme.

On 20 June 2014, The Australian published an article titled ‘Bombers may never know what they took – but neither will ASADA: [claims] Chemist. Inter alia, the article by Chip Le Grand said: “[the compounding pharmacist Nima Alavi said he didn’t know with any certainty what they [the players] were given. And neither, he said, could the anti-doping investigators… Alavi said [if Dank didn’t have the substance he gave him tested] it was impossible to know whether the players were given Thymosin Beta-4, a substance that is banned, Thymosin Alpha 1, a substance that is permitted, the similarly permitted Thymomodulin, or something else altogether. In another corrupted act, ASADA didn’t table this article with the ADRVP. Instead, it relied on McKenzie’s mistake ridden article of 13 June 2014.

As it transpires, despite ASADA’s and McKenzie’s false claims, there were no others.

Although ASADA compiled a spreadsheet titled “Admitted Use of Substances by Players”, it failed to table it with the ADRVP. That document, the accuracy of which was never challenged by ASADA or WADA, indicated that only eight players were administered Thymosin. Which means 26 players should never have been issued with Show Cause Notices. I could go on forever.

Mr Tanner and Mr Campbell, I have countless further examples of ASADA corruption and chicanery with respect to its ADRVP presentation. I also know that you have countless examples in your files that could help clear the players and enable Jobe to get his Brownlow back. To that end, this is a request for you to send me a copy of the [ASADA] CEO Recommendation Show Cause Pack that was tabled by the club at the Middleton hearing. This is the redacted document ASADA sent me.

If you are not prepared to send me a copy, and as I am not well enough to travel (I haven’t been on a plane this century) I am prepared to pay for the airfare for a person of your choice to bring the copy to my place so that I can question the person on the content of the 90 redacted pages. I have no interest in what would be deemed personal information of the players, AFL or Essendon.

I am staggered that although you have stated unambiguously that the players were not guilty, you have done nothing to help repair their and the club’s severely damaged reputation. This is your chance to do something. This is a opportunity to help Jobe get his Brownlow back. It is a chance to show you really care.

I don’t understand that the club went to great lengths to protect a very senior executive around Christmas but won’t lift a finger to help the wrongly convicted players.

Regards

Bruce Francis"

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.


#6979

Good luck to Bruce trying to get anything from the club.

I read in a thread, that at the AGM Mr Tanner was fairly scathing of the way the media handled the story.

Probably be about as far as they go I reckon.


#6980

Wait, am I reading this right?

ASADA tabled a document to the ADRVP to support its case. That document was an Age article which said:

In August that year, ASADA alleges that Dank told Robinson via a text message that TB4 would be the ‘‘cornerstone’’ of his work at the Bombers because it could accelerate player recovery.

It actually says ASADA alleges!

The quote in the article doesn’t assert any fact directly from any primary source, it just says ASADA alleges something. Not only is it hearsay, but it’s hearsay of something that the accuser has said!

Imagine that sort of testimony.

“Tell me what you know about X…?”

“I don’t know, but this guy says I said this thing about X.”

ASADA relied on an article which only says what ASADA alleges. Why couldn’t it make the allegation to the panel based on the primary evidence which was supposedly the source of the allegation McKenzie was referring to? Is it because the texts don’t actually say what is being alleged because McKenzie read into it whatever he wanted?

Absolute farce.


#6981

Onya Bruce

Here’s hoping the club at the request of the players sends him that show cause pack

And as expected it will be utter garbage that can be torn to shreds

IIRC it took ASADA ages to actually produce anything. They issued the show cause notices without any supporting evidence basically hoping players would fold to take a deal under media/AFL pressure.

Then when they finally got the show cause pack it was “packed” out with filler and unnecessarily long.

NRL players in their show cause pack had falsified evidence also but didn’t work it out until after took the deal since they had like 2 days to agree to it.


#6982

Yep I reckon …the Club…will do nothing.


#6983

Why has Mick Warner gone quiet?


#6984

Thanks @StabbytheRabbit .

Are there a few times where it says 9 April 2011, that should be 9 April 2013?


#6985

In this article Baker mckenzie only mention "immune booster THYMOSIN " last word in10th paragraph


#6986

Bruce might want to send his FOI response to the ADRVP members. Howard Opie, one of the members, is at Melbourne University.
So much for ASADA’s public service responsibilities to act as a model litigant.
The evidence to CAS was not under oath. Does anyone know if the evidence to the AFL Tribunal was under oath?


#6987

This is a flat-out lie, right?

It didn’t exist in 2016.

It doesn’t exist now (the list below is the WADA one that the ASADA site refers you to).


#6988

who was the senior executive the club protected around Xmas and what exactly did they do to protect him/her?


#6989

They won’t. Not interested


#6990

It’s as far as they should go at this point in time. It’s over. It’s done.