Fresh concerns over evidence used to help convict 34 Essendon players of doping
A fresh analysis of the evidence which convicted the 34 Essendon players of doping has raised serious questions over the validity of the case used by the Australian Sports Anti-Doping Authority.
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Crucial pieces of evidence that helped convict the Essendon 34 of doping were manipulated.
On January 12, 2016, the Court of Arbitration for Sport overturned the AFL anti-doping tribunal ruling to find the 34 Bombers guilty of cheating, after concluding it was comfortably satisfied they were injected with Thymosin Beta-4.
But a fresh analysis of documents relating to the case — done as part of an ongoing challenge against the verdict by Nathan Lovett-Murray — has raised new questions.
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Australian Sports Anti-Doping Authority investigator Aaron Walker, WADA lawyers Richard Young and Brent Rychener and even the CAS panel, led by former NSW chief justice James Spigelman AC, QC, are accused of stating false and or unproven “evidence” as fact.
Documents show references to the legal immunity booster “Thymosin” were repeatedly replaced with the term “Thymosin Beta-4”, a totally different substance — bolstering the case that players were injected with the latter.
Justice Spigelman concluded: “I don’t think it was an issue that he (supplements regimen architect Stephen Dank) got it (Thymosin Beta-4); it was a question of where it went.”
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The fresh concerns have emerged after a group acting for Lovett-Murray, including a Queen’s Counsel and leading scientist, gained access to all the papers relating to the saga in April.
A group spokesman said on Tuesday: “Nathan is still shattered and devastated that he was found guilty at CAS of being administered Thymosin Beta-4.
“The transcript of his interview totalled 56 pages. The question and his response about Thymosin totalled 20 words.
“He was furious that WADA made no attempt to make a case against him as an individual or the other 33 players, and yet he was found guilty.
“Unlike the Essendon board and the AFL, he refused to move on. He was determined to fight forever to clear his name.”
Lovett-Murray’s agent, Peter Jess, said: “Nathan has always maintained his innocence and continued to fight for justice for his teammates and himself.
“He has also maintained that Jobe Watson should never have been stripped of his Brownlow.”
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Mr Walker conducted most of the interviews in ASADA’s joint probe with the AFL into Essendon’s 2012 supplements program and authored both the interim report on the regimen and final report, which formed the basis of the case for WADA against the players.
At one stage, Nima Alavi, the compounding physicist who processed supplements for Mr Dank, refused to sign off on a summary of his interviews with the investigator, claiming it did not reflect what he had said. An affidavit was subsequently produced — sworn as a true reflection of what Mr Alavi said.