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by Lisa Albergo reporting for AFANA from Chicago

During the height of the Essendon supplements investigations, there were reports linking Shane Charter, a bodybuilder who runs an anti-aging clinic, to Stephen Dank and supplying Dank with certain compounds. ASADA had Charter set to testify that he did supply Dank with the banned substance Thymosin beta 4. Dank continues to deny he gave the players anything illegal.

However, Charter was arrested at the end of October and charged by police on up to a dozen drug charges including possession and trafficking of steroids and possessing a dangerous poison. The arrest came after several undercover police posed as athletes seeking consultation with Charter. The police have seized Charter's computer and searched his records. The investigation of Charter has been going on for a year. There are also customs' records as he was searched at the airport. Charter plans to fight the charges.

Also found in Charter's possession was what is believed to be a testosterone derivative known as Methandrostenolone and a small amount of growth hormone that Charter claims to have obtained by prescription for his own personal use. It is not the first time he has been arrested and charged with bringing unauthorized substances, compounds and/or chemicals into the country. He has previously been convicted on several drugs charges.

Whatever the outcome, the arrest puts a cloud over ASADA's planned evidence against the players once their cases go to either the anti-doping panel and/or the AFL Tribunal. After the 300 plus page notices were reviewed by the player attorneys, the players requested their cases go straight to the AFL Tribunal to fight the charges.

While ASADA considers Charter’s anti-doping evidence credible, ASADA critics could use the charges to discredit Charter while the players will also challenge Charter's evidence. Supporters of ASADA could argue that many of his claims have been corroborated through independent checks with customs and independently held electronic data records. Charter has emails and text messages which ASADA is using in its circumstantial case that the Bombers used Thymosin beta 4 in 2012.

In related news, after lawyers reviewed the notices, they informed ASADA that the players will not be responding but have instead requested to have their cases expedited to the Anti-Doping Tribunal as soon as possible. The players are confident they can be cleared as ASADA has to demonstrate a "possibility" of an infraction while it is up to the AFL and AFL Anti-Doping Tribunal to prove to "comfortable satisfaction" that the players did take the banned Thymosin Beta 4. The player attorneys requested this all be done within seven days. Should ASADA be unable to accommodate the request, they have been requested to provide the legal teams and the AFL General Counsel with all the documentation and evidence material they have regarding the allegations.

The AFLPA released a statement which said in part "We urge ASADA to take all necessary steps to accede to the players’ request for this matter to be fast-tracked, particularly given that the players remain steadfast in their belief they have done nothing wrong, the players have cooperated fully throughout the entire process, the evidence should have been provided when the show cause notices were originally issued in June, the unnecessary delays that the players have had to endure that are in no part attributable to them, without there being any finality to this saga. This process has already taken up 21 months - about half the average AFL player’s career. The prospect that players would have to endure a third season with these proceedings hanging over their heads is simply unacceptable."

ASADA CEO Ben McDevitt hit back, saying ASADA would "not be dictated to". He further stated that under the legislation, it would not be possible to acquiesce to the request. He also questioned where the AFLPA's interest in the player welfare was when the supplements' program was underway in 2012. He pointed out that in his time with ASADA, he has heard from the club, the coach, the AFLPA, lawyers and others regarding the investigation. He made it clear that due process was required, saying "my advice … is that if they want to act in the best interest of the players they should review the 12,000 pages of evidence and follow the due process.”

ASADA's statement revealed it had written to the players' association's legal team to "remind" them the ADRVP was a "separate and independent body to ASADA and the CEO has no legal power to direct the function of the ADRVP or to dictate the timing of its consideration of cases". ASADA said it would have provided the evidence the first time notices were delivered, if not for Essendon and coach James Hird's legal battle in the Federal Court. The statement said it would have been "inappropriate for ASADA to delay the delivery of evidence in these matters until a judgment was handed down."

As keen as the players are to have this saga over and done with, so is ASADA which issued the comment "ASADA is as keen ... to finalize these matters, but it will not risk the proper consideration of these serious matters for the sake of speed."

Source: heraldsun.com.au, theage.com.au

Article last changed on Monday, November 03, 2014 - 7:19 AM EST


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