ASADA To Subpoena Own Witnesses

by Lisa Albergo reporting for AFANA

Two key witnesses for ASADA, Shane Charter and Nina Alavi, will be subpoenaed to appear before the Anti-Doping Tribunal to testify in the cases against Essendon players. Charter, a body-builder who was recently arrested for bringing unauthorized steroids into Australia, and compound pharmacist Alavi were both associated with Stephen Dank during his time at Essendon. Allegedly, Charter is said to have supplied Dank with compounds which Alavi was supposed to have prepared for Dank. Alavi claimed several months ago that Dank took a number of vials from him to another lab for preparation. Alavi also asserted that a letter - purportedly written by him stating the compounds were not banned substances - was a forgery after he refused Dank's request to write and sign such a letter.

According to one attorney close to the case, the move to ask the Supreme Court to issue subpoenas is unprecedented but can be done under a provision of the Commercial Arbitration Act. It will be up to the Supreme Court to decide whether Charter and Alavi can be compelled to appear and answer questions in an AFL anti-doping tribunal case. The move came after a "directions" hearing at the end of November. Such hearings address procedural matters ahead of the main Tribunal hearings which are set for mid-December. Another hearing is scheduled for one week before the actual case hearings.

ASADA claims it is ready to present its case, but that case is in danger of falling apart as the pair may be coerced into appearing but not coerced into answering questions. ASADA has already admitted the duo's refusal to attend voluntarily. Another lawyer has said they had "run into a brick wall" and were "going outside their usual behavior.” Without testimony from Alavi and Charter, and the opportunity for the players’ lawyers to cross-examine them, ASADA’s case will be difficult to substantiate. It is believed that interview transcripts with the pair from last year's investigations will be rejected by the players' lawyers.

Although both Charter and Alavi were interviewed, neither ever signed affidavits regarding their knowledge or involvement in Dank's supplements program. Dank, who recently indicated he could clear the players, has yet to cooperate with the authorities. While Dank refuses outright to talk, Charter has not said he would not supply a statement but he did not indicate if or when he would do so. He does claim to have new evidence but is also shopping around for media deals for a tell-all documentary. Charter's credibility could also be questioned as an underworld figure named Mick Gatto is the one who is actually seeking out media deals on Charter's behalf.

Source: news.com.au, author notes