Latest News

Back to Latest News back


Sports lawyers suggest ASADA lacks evidence to convict Essendon players

Sports lawyers suggest ASADA lacks evidence to convict Essendon players
December 3, 2014

Two leading sport lawyers have predicted that the Australian Sports Anti-Doping Authority (ASADA) lacks sufficient evidence to convict 34 past and present Essendon players of doping.

ASADA is currently attempting to get the Supreme Court to force its two key witnesses, biochemist Shane Charter and compound pharmacist Nima Alavi, to give evidence.

The AFL's anti-doping tribunal is due to start hearing the case against the 34 players from Essendon's 2012 list on 15th December.

Charter allegedly bought the banned peptide thymosin beta 4 which was then allegedly compounded by Melbourne pharmacist Alavi.

ASADA alleges it was then given to the players by sports scientist Stephen Dank.

However Ian Fullagar, Head of Lander & Rogers Sports Business Group has told the ABC that ASADA's case will be at risk if Charter and Alavi refuse to give evidence.

Fullagar stated "I think the players might get off. It might just fizzle to a non-conclusion,.

"It'll just end and the players will get off and the game will go on."

Catherine Ordway, who specialises in sports law at the University of Canberra, agreed that there would be nothing compelling the pair to speak at the hearing, in a legal sense at least.

Ordway stated "it would be difficult to see how Alavi and Charter could be compelled to go before the AFL Tribunal because they are not employees of the AFL; they're not players, they don't otherwise come within the AFL's jurisdiction," 

"It is difficult to understand why (they) would want to go before the AFL Tribunal unless they feel like they want to clear their name and get their story on the record perhaps.

"Which is why I assume they spoke to ASADA in the first place, and so I'm not sure why they didn't do affidavits at the beginning and perhaps they got legal advice about that.

The AFL Anti-Doping Tribunal has agreed to let ASADA ask the Victorian Supreme Court to subpoena the two men as witnesses, which Ordway says is out of the ordinary, concluding "it's extremely unusual. I don't remember another case where it's gone before the Victorian Supreme Court.

"There was one case involving Werner Reiterer, where we tried to get the matter heard in the New South Wales Supreme Court before the Commercial Arbitration Act, but that was a long time ago."


Asking a small favour
We hope that you value the news that we publish so while you're here can we ask for your support?

The news we publish at is independent, credible (we hope) and free for you to access, with no pay walls and no annoying pop-up ads.

However, as an independent publisher, can we ask for you to support us by subscribing to the printed Australasian Leisure Management magazine - if you don't already do so.

Published bi-monthly since 1997, the printed Australasian Leisure Management differs from this website in that it publishes longer, in-depth and analytical features covering aquatics, attractions, entertainment, events, fitness, parks, recreation, sport, tourism and venues management.

Subscriptions cost just $90 a year.

Click here to subscribe.


supplier directory

The Complete Guide to Leisure Industry Products & Services.

See the directory see all

Pico Play

Pico is a global leader in Total Brand Activation. We specialise in engaging people, creating experiences and activating brands. Leveraging a track record in experience design that spans half a…

read more

Attractions / Consultants / Design / Recreation / Venues



Links Modular Solutions are a leading provider of high-quality, innovative software solutions for leisure facilities. Our software suite includes modules such as POS, Classes, Members, Facility…

read more

Access / Billing / Finance / Fitness / Technology


The Jump Pad

The Jump Pad is a safe, flat inflatable made in a variety of sizes which can be used indoor or outdoor. From 3mx3m up to a whopping 9mx21m. Markets include Indoor and outdoor playgrounds, schools,…

read more

Attractions / Entertainment / Play



PulseTec Solutions is a leading provider of software systems and solutions to the health and fitness industry for more than a decade. Our key products and services include ClientConnect studio and…

read more

Access / Fitness / Marketing / Technology / Venues


Aflex Inflatables

Aflex Inflatables are the leaders for obstacle courses, pool toys, waterparks and land-based watersides and fitness runs. They are industry leaders offering the widest range of pool, lake and beach…

read more

Aquatics / Play / Waterparks



Talk To Us For Independent Advice & Specialised Services We're business people, not sales reps IP HUB is one of Australia’s leading advisors on telecoms for both small businesses and…

read more

Marketing / Technology



AAC ID Solutions is a leading supplier of identification access wristbands, barcoded wristband tickets, lanyards, membership products and RFID solutions for events and venues, working with thousands…

read more

Access / Marketing / Safety / Ticketing



PathMinder Pty Ltd have partnered with AllUser Industries srl to bring Europe’s most advanced high security portals to the Australian and New Zealand markets. AllUser Industries started to…

read more

Access / Fitness / Recreation / Security


get listed with our suppliers directory

Get your business noticed in our targeted directory. Viewed by 10,000 industry professionals per week!

list your business