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____________________________________________
A
response
to
the
sixteen
Strands
in
the
Cable
in
the
Court
of
Arbitration
for
Sports
Judgement
upholding
the
World
Anti-Doping
Authoritys
Appeal
against
the
Australian
Football
League
Tribunals
Determination
in
favour
of
thirty-four
players
charged
by
the
Australian
Anti-Doping
Sports
Authority
with
anti-doping
violations
relating
to
Thymosin
Beta-4.
A.
Preamble
1.
2.
3.
In
a
reversal
of
where
Australians
are
entitled
to
believe
a
burden
of
proof
lies,
the
Court
of
Arbitration
for
Sport
(CAS)
in
Switzerland
appears
to
have
taken
the
view
that
the
mere
fact
that
the
Australian
Sporting
Anti-Doping
Authority
(ASADA)
had
laid
charges
against
34
Essendon
players
meant
that
the
burden
lay
with
the
players
to
prove
their
innocence.
In
any
reasonable
jurisdiction
concerned
with
natural
justice
and
procedural
fairness,
the
burden
of
proof
would
always
lie
with
those
bringing
an
accusation.
It
is
important
to
note
that
the
following
observations
relate
to
the
CAS
panels
majority-judgement
that
34
Essendon
Football
Club
(Essendon)
players
past
and
present
are
guilty
of
anti-doping
violations,
as
encapsulated
in
what
the
panel
refers
to
as
the
strands
in
the
cable.
For
some
inexplicable
reason,
CAS
does
not
allow
dissenting
views
of
a
panellist
to
be
published,
so
it
is
impossible
to
know
to
what
extent
the
dissenting
panel
member
disagreed
with
the
other
two.
Prior
to
dissecting
the
very
flimsy
strands
in
the
cable,
I
should
like
to
highlight
my
view
that
if
the
CAS
panel
had
not
inappropriately
accepted
untested
hearsay
evidence
from
a
small
number
of
people
with
questionable
integrity,
and
only
selective
hearsay
evidence
of
Stephen
Danks
words,
there
would
be
no
supposed
evidence;
the
World
Anti-Doping
Authoritys
(WADA)
appeal
against
the
Australian
Football
League
(AFL)
Tribunals
determination
would
have
failed;
and
all
charges
against
the
players
would
have
been
dropped.
4.
5.
Bruce Francis
Response
____________________________________________
6.
7.
8.
9.
10.
11.
not
in
their
interest,
would
be
considered
reliable.
As
the
panel
could
not
possibly
know
the
nuances
of
what
the
hearsay
witnesses
felt
was
in,
or
against,
their
interest,
or
who
the
witness
might
wish
to
harm
or
help,
the
differentiation
between
reliable
and
unreliable
statements
from
these
people
with
questionable
integrity
seems
a
matter
of
mind-reading
by
the
panel.
To
not
rule
out
any
consideration
of
hearsay
evidence
implies
it
will
be
given
minimal
weight,
and
yet
it
is
clear
from
the
strands
in
the
cable,
which
reveal
a
dearth
of
material
evidence,
that
their
decision
against
the
34
players
was
in
fact
based
largely
on
just
such
untested,
hearsay
evidence.
Furthermore,
if
the
World
Anti-Doping
Authority
(WADA)
had
acted
properly
and
excluded
known
tainted
evidence
collected
by
ASADA
and
the
AFL
during
their
corrupted
investigation,
it
would
not
have
appealed
the
AFL
Tribunal
decision.
Given
that
the
issue
here
is
34
players
having
been
found
guilty
of
taking
a
banned
substance
and
who
have
been
heavily
sanctioned,
it
is
perhaps
appropriate
to
mention
just
one
example
of
ASADAs
tainted
processes
and
therefore
tainted
evidence
that
involves
the
players
directly.
ASADA
falsely
guaranteed
the
players
that
on
the
grounds
of
no
fault
they
would
not
be
sanctioned
if
they
co-operated
fully
with
the
ASADA
investigators.
With
that
kind
of
carrot,
how
could
the
players
not
have
been
influenced
to
provide
the
answers
they
thought
the
investigators
wanted
to
hear;
or
conversely,
to
respond
to
questions
without
too
much
thought,
as
they
all
considered
themselves
safe
from
any
kind
of
penalty.
To
have
been
given
such
an
improper
guarantee
prior
to
their
interviews
and
now
to
find
themselves
in
this
situation
is
unconscionably
cruel.
There
are
two
recognised
methods
of
catching
drug
cheats
-
first,
through
testing
urine
and
blood;
and
second,
through
a
formal
investigation.
WADA
director-general
David
Howman
proffers
that
at
least
10
per
cent
of
all
athletes
take
prohibited
substances,
but
less
than
one
half
of
one
per
cent
test
positive.
Consequently,
he
believes
that
the
investigatory
method
is
substantially
more
important.
Just
prior
to
the
CAS
hearing,
in
a
highly
inappropriate
and
potentially
prejudicial
comment,
Howman
inferred
that
if
the
Essendon
players
werent
found
guilty,
the
investigatory
method
would
be
destroyed
as
a
recognised
method
of
identifying
doping
infractions.
I
understand
that
following
the
CAS
panels
determination
against
the
players,
Howman
is
now
travelling
the
world
requesting
that
governments
increase
their
donations
to
WADA,
apparently
with
a
budget
of
$300
million
in
mind,
which
would
pale
the
present
$30
million
into
insignificance.
Finally,
I
should
like
to
highlight
here
my
view
that
the
rules
governing
appeals
to
CAS
should
have
remained
those
in
place
when
the
case
against
the
players
began
in
the
AFL
Tribunal.
This
would
have
meant
that
an
appeal
to
CAS
by
WADA
could
only
be
on
the
grounds
of
an
error
in
law,
or
that
it
was
an
especially
unreasonable
decision;
and
Bruce Francis
Response
____________________________________________
12.
not
as
the
change
of
rules
midstream
allowed
-
an
appeal
to
make
the
case
all
over
again
and
to
present
whatever
new
information
into
evidence
it
wished.
Below,
I
first
include
verbatim
the
strand
identified
by
CAS,
including
the
panels
numbering
and
then
follow
with
my
comment
on
the
strand.
120.
The
Panel
identified
the
following
strands
in
the
cable
supporting
WADAs
case:
_________________________________________________________________________
(i)
The
Australian
Administrative
Appeals
Tribunal
in
a
decision
dated
31
December
2014
(Earl
and
Anti-Doping
Rule
Violation
Panel
and
Chief
Executive
Officer,
Australian
Sports
Anti-Doping
Authority
(Joined
a
Party)
[2014]
AATA
968)
found
expressly
that
Mr
Dank,
before
he
joined
Essendon,
had
used
TB-4
on
a
Mr
Earl.
As
that
Tribunal
concluded
(at
para
106):
Thymosin
Alpha
is
not
a
prohibited
substance
being
used
as
an
immune
system
stimulant,
but
Thymosin
Beta-4
is,
because
of
its
regenerative
capacity.
Even
though
the
applicant
[ie
Mr
Earl]
said
he
was
unsure
about
the
identity
of
the
product,
Dr
Khan
was
sure
it
was
Beta
4
-
he
was
just
unsure
whether
it
had
actually
been
used.
On
the
other
hand,
the
applicant
said
he
had
definitely
used
a
form
of
Thymosin.
Given
that
Mr
Danks
text
message
referred
to
the
product
as
being
so
effective
in
soft
tissue
maintenance,
it
is
implausible
that
the
applicant
was
being
administered
Thymosin
Alpha.
The
likelihood
is
the
substance
being
used
by
the
applicant
was
Thymosin
Beta-4.
The
Panel
respectfully
endorses
that
analysis
and
conclusion,
while
acknowledging
that
the
decision
is
under
appeal.
__________________________________________________________________________
My
Comment:
13. Sandor
Earl
was
a
Penrith
Panthers
National
Rugby
League
(NRL)
player.
14. Contrary
to
the
panels
claim,
the
Administrative
Appeals
Tribunal
of
Australia
(AATA)
(which
the
panel
has
incorrectly
referred
to
as
the
Australian
Administrative
Appeals
Tribunal)
did
not
find
expressly
that
Dank
had
used
TB-4
on
Earl.
This
is
a
totally
unacceptable
error
that
in
the
kindest
light
is
careless
and
irresponsible.
The
weight
that
the
panel
gave
to
the
AATAs
finding
in
its
inaccurate
version
had
catastrophic
consequences
for
the
players.
15. In
the
first
step
in
anti-doping
investigations
in
the
NRL,
the
Anti-Doping
Rule
Violation
Panel
(ADRVP)
found
that
it
was
possible
that
Dank
had
used
TB-4
on
Earl.
Bruce Francis
Response
____________________________________________
16.
17.
18.
19.
20.
21.
22.
It
is
inexcusable
that
the
CAS
panel
would
have
as
its
first
strand
to
the
cable,
a
totally
false
claim
of
an
earlier
infraction
by
Dank
of
administering
Thymosin
Beta-4
to
a
professional
sportsman.
How
could
WADA
present
evidence
that
it
must
have
known
to
be
blatantly
wrong?
A
second
inexcusable
aspect
of
this
strand
is
that
the
accusation
against
Dank
is
based
on
the
purported
content
of
a
text
that
has
been
altered
from
the
original
text.
The
actual
text
sent
by
Dank
to
Dean
Robinson
on
2
August
2011
that
the
panel
refers
to
read:
Hi
mate.
Just
in
consult
for
shoulder
reconstruction.
This
case
will
be
of
interest
to
you.
We
are
utilising
Thymosin
post
surgically
for
one
shoulder
but
prophylactically
for
the
other,
Thymosin
is
so
effective
in
soft
tissue
maintenance.
23.
24.
25.
WADA
submitted
the
following
altered
version
of
the
texts
contents
to
the
CAS
panel,
implying
Earls
name
had
been
included
in
the
text:
On
2
August
2011,
Mr
Dank,
in
a
text
message
to
Mr
Robinson,
referred
to
his
use
of
Thymosin
for
Mr
Earl,
adding,
Thymosin
is
so
effective
in
soft
tissue
maintenance.
It
would
appear
that
someone
in
ASADA,
and/or
later
in
WADA
(corruptly
if
so)
inserted
Earls
name
into
the
text
to
advance
a
case
against
the
34
Essendon
players.
This
is
still
strand
(i)
and
to
put
it
as
politely
as
I
can,
the
way
WADA
has
presented
its
case
against
the
players
is
already
looking
decidedly
improper;
some
might
even
perceive
it
as
corrupt
behaviour.
Bruce Francis
Response
____________________________________________
26.
27.
28.
29.
The
person
Dank
was
actually
referring
to
in
the
text
was
a
male
in
his
mid-40s,
who
was
not
a
professional
athlete
and
whom
Dank
was
treating
at
his
Medical
Rejuvenation
Clinic
(MRC)
as
a
private
patient.
The
original
text
was
obtained
by
the
Australian
Crime
Commission
(ACC)
in
its
earlier
investigation
of
corruption
in
sport.
Evidence
from
that
investigation
is
supposed
to
be
sealed.
I
understand
that
within
the
legislation,
the
ACC
is
entitled
to
provide
the
text
message
to
ASADA
for
interest
purposes
but
not
for
use
in
a
case.
ASADA
is
not
entitled
to
provide
a
copy
of
the
text,
or
any
of
its
contents,
to
anyone
else.
ASADA
investigator
Aaron
Walker
lodged
an
affidavit
during
the
Middleton
Federal
Court
hearing
in
August
2012.
Clause
64
states:
ASADA
had
a
substantial
body
of
information
which
it
had
obtained
from
the
Australian
Crime
Commission
(ACC)
about
various
activities
which
it
was
not
able
to
share
with
the
AFL.
I
did
not
share
this
information
with
the
AFL
and
to
the
best
of
my
knowledge
the
other
ASADA
investigators
did
not
do
so
either.
I
was
conscious
throughout
the
investigation
that
ASADA
had
information
from
the
ACC
that
it
was
not
allowed
to
show
to
the
AFL
as
it
had
been
given
to
ASADA
for
specific
purposes.
30.
31.
32.
33.
As
AFLs
general
counsel
Andrew
Dillon
used
the
text
-
before
it
was
changed
-
in
his
charges
against
Essendon,
it
would
appear
that
someone
from
ASADA
gave
it
to
him.
It
would
therefore
appear
that
ASADA
breached
the
Australian
Crime
Commission
Act
and
the
Telecommunications
Act.
Breaches
of
the
Acts
attract
custodial
sentences.
Even
the
ASADA
website,
in
its
Register
of
Findings,
refers
to
Earl
as
having
been
found
guilty
of
anti-doping
violations
in
relation
to
four
substances,
none
of
them
Thymosin
Beta-4.
For
the
panel
to
use
the
Earl
case
as
compelling
evidence
that
34
Essendon
players
took
Thymosin
Beta-4
is
incomprehensible,
and
deserving
of
severe
censure.
To
present
false
findings
against
Earl
in
making
the
case
against
the
players
should
place
an
automatic
question-mark
over
the
reliability
of
even
the
facts
included
in
the
remaining
fifteen
strands
of
the
cable,
let
alone
the
conclusions
reached
by
the
panel.
On
this
strand
in
the
cable
alone,
the
Judgement
of
the
CAS
panel
should
be
overturned
on
Appeal.
Bruce Francis
Response
____________________________________________
_________________________________________________________________________
(ii)
_________________________________________________________________________
My
Comment:
34.
35.
36.
37.
The
panel
has
improperly
joined
four
totally
unrelated
occasions
together
-
2
August,
23
August,
13
September,
and
9
November
2011
-
creating
the
impression
that
they
are
each
part
of
the
one
issue,
when
in
fact
the
four
dates
relate
to
four
different
matters.
Issue
1:
The
SMS
Dank
sent
to
Robinson
on
2
August
2011.
As
referred
to
in
my
comment
relating
to
strand
(i),
this
text
message
related
to
a
private
patient
not
Earl,
or
any
other
professional
athlete.
It
would
appear
that
ASADA
and/or
later
WADA
corruptly
altered
the
meaning
of
the
text
by
inserting
the
name
Earl.
Earl
was
found
guilty
of
anti-doping
infractions
involving
four
substances.
None
was
Thymosin
Beta-4.
Issue
2:
The
SMS
text
sent
by
Dank
to
Robinson
on
23
August
2011.
Again
this
text
message
was
sent
prior
to
Dank
even
being
interviewed
for
a
position
at
Essendon.
There
is
no
evidence
Dank
was
referring
to
Thymosin
Beta-4
in
this
text
message.
In
fact,
Dank
claimed
publicly
that
he
was
referring
to
Thymomodulin.
As
it
has
been
explained
by
Dank,
the
ultimate
assembly
regulatory
protein
and
biological
modifier
referred
to
is
a
protein
that
optimises
and
maximises
an
assembly
of
protein
cascades.
Therefore
the
sub
units
of
Thymomodulin
are
all
important
in
regulating
various
immune
proteins
in
relation
to
switching
on
an
amplifying
immune
response.
Issue
3:
Danks
conversation
with
Charter
on
or
about
13
September
2011.
Dank
has
never
denied
using
Thymosin
Beta-4
at
his
Medical
Rejuvenation
Clinic.
Dank
was
not
interviewed
for
a
position
at
Essendon
until
28
September
2011.
The
panels
determination
that
Danks
conversation
with
Charter
on
13
September
2011,
two
weeks
prior
to
his
interview,
is
evidence
that
he
gave
the
Essendon
players
Thymosin
Beta-4
in
April
2012
is
unfathomable.
For
some
inexplicable
reason,
the
panel
seems
Bruce Francis
Response
____________________________________________
38.
to
have
totally
ignored
or
discounted
the
fact
that
Dank
used
Thymosin
Beta-4,
perfectly
legally,
at
his
Ageing
clinic.
Issue
4:
Danks
text
to
Alavi
on
9
November
2011.
There
is
nothing
to
indicate
that
Dank
was
referring
to
Thymosin
Beta-4,
but
even
if
he
were,
he
has
never
denied
using
the
latter
at
his
Ageing
clinic.
Neither
has
he
denied
using
any
other
substance
on
his
private
patients
that
was
prohibited
for
professional
athletes
but
not
prohibited
for
members
of
the
general
public.
_________________________________________________________________________
(iii)
All
players
had
blood
tests
before
the
administration
of
the
injections
commenced,
an
exercise
recommended
for
peptides
like
TB-4,
and
for
which
no
purpose
other
than
a
sinister
one
(the
epithet)
of
Dr
De
Morton,
a
former
club
Dr)
could
be
identified.
The
tests
were
carried
out
by
Dr
Khan,
the
very
same
doctor
who
had
participated
in
the
therapy
administered
to
Mr
Earl
_________________________________________________________________________
My
Comment:
39. At
Danks
direction,
blood
samples
were
taken
from
each
player,
prior
to
the
commencement
of
the
supplement
program
and
analysed
for
the
following:
Testosterone
Mean
Haemoglobin
Hormone-Binding
Platelet
Count
Sex
Globulin
Testosterone
Free
Luteinizing
Hormone
Serum
Cortisol
Haemoglobin
Total
White
Cell
Count
Red
Cell
Count
Haematocrit
Mean
Corpuscular
Volume
IGF-1
40.
Corpuscular
Liver
Function
Damage
Iron
Tissue
Neutrophils
Lactate
Dehydrogenase
Lymphocytes
Vitamin
B12
Erythrocyte
Sedimentation
Serum
Folate
Rate
Urea
C-reactive
Protein
Creatinine
Thyroid-Stimulating
Hormone
Cholesterol
Free
Thyroxine
Liver
Function
Cell
Damage
Free
Triodothyronine
Creatine
Kinase
Growth
Hormone
Of
the
tests
conducted
in
respect
of
the
players
blood,
it
was
the
testing
of
the
levels
of
IGF-1
(Insulin
Growth
Factor-1)
that
Dr
De
Morton
referred
to
as
sinister.
It
is
noteworthy
that
he
only
used
the
word
sinister
on
the
ASADA
investigator
framing
his
question
to
include
not
just
the
word
sinister,
but
the
inference
that
sinister
was
the
Bruce Francis
Response
____________________________________________
ASADA
investigators
own
view,
and
he
was
merely
asking
for
agreement
with
that
view.
Any
court
concerned
with
natural
justice
and
procedural
fairness
would
consider
this
a
leading
question
that
by
its
very
nature
contaminates
the
answer.
ASADA:
What is an IGF-1
De Morton:
AFL:
De Morton:
ASADA:
De Morton:
ASADA:
De
Morton:
41.
42.
De
Morton
used
the
word
sinister
in
relation
to
testing
for
IGF-1,
and
on
prompting
with
the
word
in
the
question
put
to
him.
At
no
point
did
he
say,
or
even
imply,
that
the
blood
tests
were
associated
with
commencing
a
program
that
included
Thymosin
Beta-4,
nor
that
no
purpose
other
than
a
sinister
one
could
be
identified
for
having
an
array
of
blood
tests
before
the
beginning
of
a
supplements
program.
As
it
would
seem
entirely
reckless
and
pointless
for
any
team
supplements
program
to
be
initiated
without
knowing
the
condition
of
the
players
and
the
individual
levels
of
Bruce Francis
Response
____________________________________________
43.
substances
occurring
naturally
in
the
body
prior
to
the
program
commencing,
it
seems
somewhat
outlandish
for
the
panel
to
be
making
a
gratuitous
observation
that
blood
testing
is
an
exercise
recommended
for
peptides
like
TB-4.
It
is
more
than
outlandish,
and
some
would
argue
corrupt,
for
the
panel
to
substitute
TB-4
for
IGF-1,
when
quoting
Dr
De
Mortons
use
of
the
word
sinister.
During
his
ASADA
interview,
Dr
De
Morton
recalled
hearing
about
Danks
blood
testing
regime
from
players
mentioning
that
theyd
had
blood
tests.
De
Morton
articulated
that
his
issue
with
blood
testing
was
not
necessarily
their
occurrence,
but
the
failure
to
keep
him
and
Dr
Reid
in
the
loop,
and
to
provide
them
with
the
results,
because
we
had
no
idea
what
we
were
actually
taking
bloods
for.
_________________________________________________________________________
(iv)
All
players
admitted
to
receiving
injections
by
Mr
Dank
_________________________________________________________________________
My
Comment:
44. The
players
werent
charged
with
receiving
an
injection.
They
were
charged
with
receiving
injections
of
Thymosin
Beta-4.
45. There
is
no
evidence
Thymosin
Beta-4
was
ever
at
Essendon.
46. Six
players
stated
that
they
were
administered
Thymosin.
47. Dean
Wallis
photographed
a
vial
he
removed
from
Danks
fridge
after
the
latter
had
left
the
club.
It
was
one
of
three
vials
labelled
Thymomodulin
remaining
in
the
fridge.
The
photo
was
submitted
to
the
ASADA
investigation.
48. The
panels
inclusion
of
the
players
admitting
to
receiving
injections
as
a
strand
in
the
cable
is
flawed
logic.
The
logic
of
the
panel
is:
34
players
admitted
that
they
received
an
injection
6
players
stated
that
they
were
administered
Thymosin.
Therefore,
34
players
were
administered
Thymosin
Beta-4.
49. In
its
Interim
Report,
ASADA
created
a
table
titled,
Admitted
use
of
Substances
by
Players.
Without
evidence
that
the
Thymosin
mentioned
by
six
players
was
Thymosin
Beta-4,
none
of
the
substances
admitted
to
was
prohibited
at
the
time.
The
table
presented
the
following
information:
8
players
admitted
being
administered
AOD-9604
injections
12
players
admitted
being
administered
AOD-9604
cream
Bruce Francis
Response
____________________________________________
50.
The
following
discrepancies
in
the
table
should
be
noted:
a)
Two
players
admitted
being
handed
AOD-9604
cream
for
use
at
home.
However,
they
informed
ASADA
that
when
they
noticed
that
the
label
said
for
research
purposes
only,
they
didnt
even
open
it.
Improperly,
the
ASADA
investigators
still
registered
those
two
players
as
having
admitted
to
using
AOD-9604.
This
has
to
raise
a
question
about
the
veracity
of
all
the
evidence
presented
by
ASADA.
b)
Apart
from
the
six
players
described
in
the
ASADA
table
as
having
been
administered
Thymosin,
two
further
werent
sure,
but
SMS
exchanges
at
the
time
of
the
injection
program
confirm
that
they
were
administered
the
substance.
An
additional
four
thought
they
may
have
been,
but
they
were
uncertain.
ASADA
improperly
registered
these
four
players
as
a
definite
yes.
c)
Because
of
the
very
similar
names,
a
number
of
players
stated
that
they
were
given
Melanotan
II
when
they
meant
Melatonin,
and
vice
versa.
d)
Mark
McVeigh
testified
that
he
received
only
one
substance
by
injection.
He
had
a
new-born
child
and
had
a
sleeping
problem.
He
thought
he
was
administered
Melanotan
II
to
address
this.
He
was
in
fact
administered
the
sleeping
aid
Melatonin.
The
panel
realised
that
many
of
the
players
mixed
up
these
two
similar
names
and
merely
noted
that
they
clearly
meant
the
other.
Inexplicably,
the
panel
gave
McVeigh
no
such
grace
and
bizarrely
determined
that
because
his
skin
didnt
turn
orange
(a
side
effect
of
Melanotan
II)
he
must
have
been
administered
Thymosin
Beta-4.
Bruce Francis
Response
10
____________________________________________
51.
52.
53.
54.
Apart
from
the
noted
discrepancies,
and
others
I
could
detail,
the
importance
of
the
ASADA
table
cannot
be
understated.
It
reveals
the
following,
inter
alia:
a)
The
variation
in
substances
taken
proves
that
Dank
didnt
design
a
team-based
program.
b)
Each
player
clearly
had
his
own
individually
designed
programme.
c)
As
some
players
couldnt
recall
receiving
a
particular
substance,
but
showed
no
reluctance
in
admitting
they
received
a
substance
of
some
kind,
its
not
unreasonable
to
assume
that
the
figures
in
the
Admitted
use
of
Substances
by
Players
table
could
be
understated
to
a
degree.
However,
even
if
the
figures
were
adjusted
by
50
per
cent
for
any,
or
each,
substance,
that
doesnt
alter
the
underlying
evidence
of
the
table
that
each
player
had
an
individual
nutrition
and
supplement
programme.
d)
It
is
absurd
to
determine
that
if
a
player
had
an
injection
of
one
substance,
he
must
have
had
an
injection
of
every
substance.
e)
It
is
absurd
to
determine
that
if
a
player
had
an
injection
of
any
substance,
he
must
also
have
been
administered
Thymosin.
WADA
claimed
that
Dank
designed
a
team-wide
program.
Thus,
if
one
player
were
injected
with
anything,
then
they
all
were.
WADA
used
the
team-wide
argument
in
its
Appeal
to
CAS
to
overturn
the
AFL
Tribunals
finding
in
favour
of
the
players.
As
WADA,
inexplicably,
was
able
to
convince
the
CAS
panel
that
Thymosin
mentioned
by
six
players
was
in
fact
Thymosin
Beta-4,
the
team-wide
program
argument
was
fundamental
to
all
34
players
being
found
guilty
of
using
Thymosin
Beta-4.
As
WADA
had
a
copy
of
the
Players
admitted
Use
of
Substances
table,
it
is
unconscionable
that
it
based
a
major
thrust
of
its
Appeal
on
a
claim
it
knew
was
untrue.
This
is
only
strand
(iv)
and
WADAs
improprieties
are
already
adding
up
to
behaviour
that
is
so
outrageous
that
one
could
be
forgiven
for
viewing
it
as
misconduct.
_________________________________________________________________________
(v)
All
players
signed
a
consent
form
for
the
injection
of
Thymosin.
_________________________________________________________________________
My
Comment:
55. As
no
reliable
evidence
contradicts
Danks
claim
that
he
administered
Thymomodulin,
often
referred
to
informally
as
Thymosin;
and
as
the
players
were
assured
that
Bruce
Francis
Response
11
____________________________________________
56.
57.
58.
nothing
they
were
agreeing
to
was
prohibited;
their
signing
a
consent
form
that
included
injections
of
Thymosin
is
inconsequential.
In
any
event,
consenting
to
something
in
a
team
situation
on
8
February
2012,
does
not
mean
that
the
individual
player
went
through
with
it
in
April
2012,
or
even
that
any
particular
substance
was
offered
to
be
administered
as
per
the
consent
forms.
People
have
second
thoughts,
particularly
given
time
to
think
about
it
when
not
surrounded
by
their
peers,
and
it
is
clear
from
the
available
data
that
only
six
players
received
all
four
substances
listed
in
the
consent
forms.
It
is
incomprehensible
that
the
panel
determined
that
signing
a
consent
form
in
February
equates
with
each
substance
listed
necessarily
being
administered
two
months
later.
Brent
Stantons
comments
in
his
interview
with
ASADA
on
7
May
2013
illustrate
the
absurdity
of
the
panels
premise.
Inter
alia,
Stanton
stated:
And
then
he
[Dank]
sort
of
just
went
through
the
four
supplements
that
we
could
possibly
take.
You
wont
be
taking
them
all.
It
will
be
down
to
needs
or
how
youre
feeling.
And
he
will
be
doing
regular
blood
tests
to
see
your
blood
levels.
59.
60.
61.
62.
Stanton
was
not
given
all
the
substances
listed
in
the
8
February
consent
form,
so
clearly
each
one
was
only
a
possibility.
If
this
applied
to
Stanton,
then
presumably
none
of
the
34
players
would
necessarily
be
taking
all
the
supplements
-
it
depended
on
need
and
how
they
were
feeling.
Dank
stated
publicly
that
he
decided
against
supplements
for
particular
players
by
design,
and
on
one
occasion
gave
the
example
of
young
players
who
still
may
be
maturing.
Furthermore,
just
as
many
people
in
the
wider
community
refuse
to
be
administered
flu
injections,
a
number
of
players
declined
to
be
administered
an
immune
booster
to
ward
of
colds
and
flu.
All
players
signed
a
consent
form
to
be
administered
AOD-9604
by
injection.
As
it
transpired,
only
eight
players
received
AOD-9604
injections
and
10
used
AOD-9604
cream.
All
players
signed
consent
forms
to
be
administered
Tribulus
tablets.
As
it
transpired,
32
players
admitted
to
being
administered
Tribulus.
This
number
is
high
(32
out
of
45
players)
because
Robinson
handed
them
out
in
October
2011
prior
to
Dank
joining
the
club,
and
was
the
catalyst
for
Dr
Reid
expressing
his
first
concerns
[see
my
clause
161
under
my
response
to
strand
(xiv)].
Protocols
and
consent
forms
were
introduced
after
Danks
arrival.
Bruce Francis
Response
12
____________________________________________
63.
64.
65.
66.
67.
_________________________________________________________________________
(vi)
The
consent
form
said,
inter
alia:
The
recommendation
for
the
following
intervention
for
you:
One
Thymosin
injection
once
a
week
for
six
weeks
and
then
one
injection
per
month
The
intervention
is
recommended
because
enhance
the
rate
of
recovery.
[sic]
The
benefits
of
this
treatment
are
an
expected
reduction
of
the
time
required
for
performance
recovery.
All
components
of
the
interventions
are
in
compliance
with
current
WADA
anti-
doping
policy
and
guidelines
_________________________________________________________________________
Bruce Francis
Response
13
____________________________________________
My
Comment:
68. As
detailed
in
my
comment
in
response
to
strands
in
the
cable
(v),
there
is
no
evidence
that
the
reference
to
Thymosin
is
Thymosin
Beta-4.
The
expectation
of
an
enhanced
rate
of
recovery
was
just
as
readily
as
an
effect
of
the
boost
to
the
immune
system
occasioned
by
a
Thymomodulin
injection,
as
any
recovery
effect
from
a
Thymosin
Beta-4
injection.
There
is
also
no
evidence
that
all
players
were
administered
Thymosin
(Thymomodulin),
irrespective
of
their
signing
a
consent
form
to
allow
the
administering
of
the
WADA-compliant
supplement.
69. Despite
there
being
no
evidence
that
all
34
players
charged
were
administered
any
kind
of
Thymosin,
the
panel
apparently
brought
out
the
tarot
cards
and
determined
not
only
had
they
all
been
administered
Thymosin
of
some
kind,
but
found
them
all
guilty
of
being
administered
very
specifically
Thymosin
Beta-4.
70. The
dosage
and
frequency
listed
here
is
irrelevant.
Literature
indicates
that
there
is
an
unlimited
range
of
dosage
and
frequency
for
both
Thymomodulin
and
Thymosin
Beta-
4.
71. If
WADA
suggested
there
was
some
relevance
in
the
above
dosages,
then
it
should
have
been
incumbent
on
them
to
provide
incontrovertible
evidence
that
Danks
dosage
and
frequency
of
intervention
for
Thymosin
was
not
only
standard
for
Thymosin
Beta-4,
but
also
substantially
different
from
any
likely
regime
of
Thymomodulin
injections.
72. Thymomodulin
and
Thymosin
Beta-4
can
both
be
used
for
performance
recovery
but
in
a
very
different
way.
With
Thymomodulin
(and
its
twin
Thymosin
Alpha-1)
it
is
from
the
effect
of
a
boost
in
the
immune
system.
73. Inexplicably,
given
evidence
to
the
contrary,
the
panel
dismissed
the
notion
that
anything
was
ever
used
at
Essendon
to
boost
the
immune
system.
74. Inter
alia,
Stewart
Crameris
interview
included
the
following
answer,
relevant
to
this
matter:
75.
Crameri:
In
articles
in
the
Age
on
11
April
and
24
August
2013,
ASADA,
WADA,
and
the
panels
darling,
Nick
McKenzie
quoted
Dank
as
saying
he
used
an
immune
booster.
Bruce Francis
Response
14
____________________________________________
76.
77.
78.
79.
80.
ASADA
and
WADA
seem
to
have
been
very
selective
in
identifying
which
parts
of
McKenzies
articles,
and
which
parts
of
the
players
testimonies
in
relation
to
Thymosin
to
use
in
their
case
against
the
players
and
which
parts
to
ignore.
The
panel
seemed
to
follow
their
lead
in
that.
One
would
hope
that
ASADA,
WADA,
and
the
panels
motives
were
not
sinister
in
ignoring
evidence
that
the
Thymosin
supplement
Dank
was
administering
to
whatever
number
of
players
was
to
boost
the
immune
system,
and
was
thus
Thymomodulin.
Dank
explained
publicly
on
numerous
occasions
that
the
worst
thing
that
can
happen
to
a
football
team
is
for
a
player
or
players
to
catch
a
cold
or
the
flu,
because
both
invariably
spread
through
the
team.
The
panel
was
either
ignorant
of
the
proximity
health
vulnerabilities
of
members
of
sports
teams
over
individual
competitors,
or
chose
to
ignore
the
known
vulnerability,
and
the
possible
use
of
Thymomodulin
to
address
it.
Boosting
the
immune
system
with
Thymomodulin
not
only
wards
off
colds
and
flu
and
assists
recovery
from
them,
but
it
also
speeds
recovery
from
injury.
If
a
player
sustains
a
soft
tissue
injury,
for
example,
it
takes
longer
to
recover
if
the
immune
system
is
low.
_________________________________________________________________________
(vii)
In
the
32
ASADA
interviews,
six
players
said
that
Mr
Dank
had
identified
what
he
was
injecting
as
Thymosin.
_________________________________________________________________________
My
Comment:
81.
82.
83.
Thymosin
is
Thymomodulin
There
is
no
reason,
nor
evidence,
to
believe
that
the
identified
Thymosin
is
Thymosin
Beta-4.
On
1
December
2011,
Mr
Vince
Xu,
Global
Sales
Manager
for
GL
Biochem
(Shanghai)
Ltd,
sent
an
email
to
Mr
Shane
Charter
stating:
thank
you
very
much
for
your
time
to
visit
us,
Its
our
great
honour.
Mr
Xu
then
outlined
their
ability
to
supply
Mr
Charter
with:
GHRP-6;
GHRP-2;
CJC-1295;
Melanotan
II;
Thymosin;
Thymosin
Beta
4
and
MGF
(Mechano
Growth
Factor).
Mr
Xu
also
advised
that
he
could
not
provide
HGH-191;
HJCG,
IGF1-LR3
or
AOD-
1296
(sic).
Bruce Francis
Response
15
____________________________________________
84.
85.
86.
87.
88.
89.
90.
Mr
Xu
clearly
made
a
distinction
between
Thymosin
and
Thymosin
Beta-4.
In
his
view
Thymosin
is
not
Thymosin
Beta-4.
According
to
ASADA,
Shane
Charter
claimed,
and
they
accepted
his
claim
that
he
only
ordered
Thymosin
Beta-4
from
GL
Biochem
Shanghai
on
one
occasion
the
one
above.
Although
Charter
produced
scores
of
texts
and
emails
between
Dank
and
himself,
he
did
not
produce
a
single
text
or
email
from
Dank
ordering
Thymosin
Beta-4
or
asking
him
to
travel
to
China.
Even
if
Dank
had
ordered
Thymosin
Beta-4
from
Charter,
the
ordering
itself
is
irrelevant,
as
Dank
has
never
denied
the
perfectly
legal
use
of
Thymosin
Beta-4
in
his
private
Ageing
clinic.
There
is
no
evidence
other
than
ASADA
investigator
Aaron
Walkers
untested
say-so
that
Mr
Xu
told
him
that
he
sent
Thymosin
Beta-4
to
Cedric
Anthonys
warehouse
in
Shanghai
for
forwarding
to
Melbourne
at
a
later
date.
But
even
if
Walkers
evidence
is
accurate,
this
does
not
constitute
evidence
that
Thymosin
Beta-4
was
delivered
to
Dank,
let
alone
to
Dank
at
Essendon
to
administer
to
the
players.
Chip
Le
Grand
in
his
book
The
Straight
Dope,
records
that
Cedric
Anthony
told
him
that
he
kept
various
versions
of
Thymosin
in
his
warehouse
fridge,
and
on
receiving
instructions
from
Charter
forwarded
raw
material
labelled
Thymosin
to
compounding
pharmacist
Nima
Alavi
in
Melbourne.
Le
Grand
interviewed
Alavi
in
June
2014,
and
on
20
June
the
Australian
newspaper
published
Le
Grands
article.
Inter
alia,
Le
Grand
stated
that
Mr
Alavi
said,
It
was
impossible
to
know
[my
emphasis]
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.
Mr
Alavi
said
the
shipment
arrived
at
his
pharmacy
simply
marked
Thymosin.
It
didnt
tell
me
what
type
it
was,
which
worried
me
a
little
bit.
He
said
peptide
materials
imported
from
China
could
be
notoriously
unreliable.
When
it
is
something
from
overseas,
it
could
be
anything.
Im
not
sure
what
he
[Dank]
has
done
with
it.
He
may
have
very
well
taken
it
to
the
club
and
used
it
on
the
players.
If
he
has
done
that
-
which
I
cant
be
sure
of
-
we
still
dont
know
what
type
of
Thymosin
it
was
because
that
was
the
whole
point
of
me
in
giving
it
to
him
to
have
it
tested.
91.
Dank
has
stated
that
he
picked
up
a
number
of
clear
unlabelled
vials
from
Alavi
in
January
2012.
These
were
the
vials
Alavi
refers
to
above
and
were
created
as
a
result
of
his
compounding
the
raw
material
labelled
Thymosin
that
was
sent
by
Cedric
Bruce Francis
Response
16
____________________________________________
92.
93.
Anthony
that
arrived
in
Melbourne
on
29
December
2011.
This
was
purportedly
the
same
substance
ordered
by
Charter
and
supplied
by
Mr
Xu
from
GL
Biochem.
Dank
stated
publicly
that
the
substance
in
the
clear
vials
was
ruined
when
inadvertently
exposed
to
the
sunlight
and
was
thus
unusable
and
had
to
be
thrown
out.
Danks
version
of
events
is
supported
by
the
paper
trail
that
has
Alavi
issuing
an
invoice,
and
then
reversing
part
of
it
that
included
the
Thymosin.
An
invoice
issued
by
Alavis
company
Como
Compounding
Pharmacy
on
31
January
includes
various
substances
supplied
to
Essendon
on
10
January
2012,
and
26
vials
of
Peptide
Thymosin
and
7
vials
of
Hexarelin
supplied
on
18
January.
As
ASADA
recorded
in
its
Interim
Report,
the
costs
of
the
Hexarelin
and
the
Thymosin
were
re-credited
to
the
Club
in
a
subsequent
invoice
dated
29
February
2012,
and
did
not
form
part
of
the
final
amount
ultimately
paid
by
Essendon,
under
the
authority
of
Hamilton
sometime
after
11
April
2012.
Alavi
clearly
accepted
that
the
Thymosin
was
unusable
and
thus
destroyed.
95. The
relevance
to
the
WADA
case
of
Dank
throwing
out
the
vials
is
that
Charter
and
Mr
Xu
were
involved
in
only
one
order
and
supply
to
Dank
and
ASADA
has
accepted
Charters
word
on
that.
Thus
their
involvement
in
the
matter
is
finished
with
the
destruction
of
the
vials.
They
are
irrelevant,
and
have
no
bearing
on
the
case.
96. WADA
offered
no
evidence
that
the
Thymosin
sent
by
Anthony
to
Melbourne
was
Thymosin
Beta-4.
97. WADA
offered
no
evidence
that
the
batch
of
Thymosin
was
not
destroyed
as
Dank
stated,
and
the
paper
trail
suggests.
98. Even
if
the
batch
were
not
destroyed,
WADA
has
no
evidence
that
it
was
used
at
Essendon.
99. No
payment
for
the
27
vials
in
the
batch
was
made
by
Essendon,
providing
further
evidence
that
it
was
not
used
at
Essendon.
100. On
3
July
2012,
ASADA
Science
and
Results
Manager,
Dr
Stephen
Watt,
sent
an
email
to
WADA
with
the
following
enquiry:
94.
I
wanted
to
enquire
if
WADA
has
considered
the
prohibited
status
of
the
drug
Thymomodulin
also
known
as
Thymosin?
101. Thymomodulin
is
a
non-prohibited
supplement.
Bruce Francis
Response
17
____________________________________________
102. Watts
email
proves
that
ASADA
and
WADA
knew
that
Thymomodulin
is
often
referred
to
informally
as
Thymosin,
and
yet
both
chose
not
to
disclose
this
fact
in
either
the
formers
case
against
the
players
before
the
AFL
Anti-Doping
Tribunal,
or
the
latters
Appeal
before
the
CAS
panel.
The
omission
is
inexcusable
and
again
some
would
argue
sinister.
_________________________________________________________________________
(viii)
Two
Players,
including
Mr
Crameri,
saw
the
word
Thymosin
on
the
vials
which
contains
the
substance
with
which
they
were
injected.
_________________________________________________________________________
My
Comment:
103. The
CAS
panel
has
accepted
evidence
that
it
knows,
or
should
know,
to
be
inaccurate,
though
not
intentionally
inaccurate
by
the
players.
104. Although
Thymosin
is
used
in
informal
conversation
or
written
text
to
refer
to
Thymomodulin,
no
compounding
chemist
would
label
a
vial
of
Thymomodulin,
Thymosin-Alpha-1,
or
Thymosin
Beta-4,
simply
Thymosin.
There
is
no
substance
known
officially
by
that
name.
105. It
is
inconceivable
that
Alavi,
a
compound
chemist,
would
risk
his
professional
status
by
dispatching
vials
of
substances
with
a
name
that
doesnt
exist.
Mislabeling
a
substance
by
a
man
in
his
position
is
a
major
breach
of
the
law
that
would
risk
severe
penalties,
including
the
possible
cancellation
of
his
professional
licence.
106. Alavi
chose
no
labels
over
risking
mislabeling
when
he
compounded
and
placed
into
clear
vials
the
substance
from
China
marked
merely
Thymosin.
107. The
label
on
the
vial
Crameri
and
the
second
player
noticed
would
have
been
Thymomodulin,
Thymosin
Alpha-1,
or
Thymosin
Beta-4.
Even
if
Alavis
integrity
were
in
question,
he
would
not
have
labelled
the
vials
simply
Thymosin.
As
there
is
photographic
evidence
of
Thymomodulin
in
Danks
fridge,
and
no
evidence
that
Thymosin
Beta-4
was
ever
at
Essendon,
it
is
inexplicable
that
the
panel
would
ignore
the
photographic
evidence
and
simply
determine
that
Crameri
and
the
second
player
must
have
seen
the
label
Thymosin.
108. Crameri
and
the
second
player
obviously
made
a
mistake
in
their
recall,
which
isnt
unexpected
given
terminology
that
is
not
in
everyday
conversation,
and
given
the
familiarity
of
the
one
word
Thymosin
as
it
was
the
informal
term
used
in
their
consent
forms,
was
mentioned
by
name
by
the
ASADA
investigators,
and
by
this
time
had
appeared
frequently
in
the
media
in
relation
to
the
Essendon
saga.
Bruce Francis
Response
18
____________________________________________
109. On
a
number
of
occasions,
the
panel
noted
inadvertent
mistakes
in
recall
by
players,
and
merely
corrected
them
without
aspersions
on
their
credibility.
Inexplicably,
the
panel
chose
not
to
note
the
obvious
error
in
recall
of
Crameri
and
the
second
player
and
more
inexplicably
used
it
to
infer
that
the
vials
must
have
contained
Thymosin
Beta-4.
110. Dean
Wallis,
an
assistant
coach,
provided
to
ASADA
the
one
piece
of
photographic
evidence
of
what
was
being
used
at
Essendon.
The
vials
in
Danks
fridge
were
labelled
Thymomodulin,
as
a
photograph
of
one
of
them
demonstrated.
_________________________________________________________________________
(ix)
TB-4
is
accepted
to
aid
recovery
and
repair
tissues
(whereas
Thymosin
Alpha
is
used
to
boost
immune
system).
_________________________________________________________________________
My
Comment:
111. The
panel
was
correct
with
respect
to
the
effect
of
Thymosin
Beta-4,
but
was
wrong
in
its
limited
understanding
of
the
use
of
Thymomodulin
(and
its
twin
Thymosin
Alpha-
1)
112. Inexplicably,
the
panel
dismissed
the
notion
that
anything
was
ever
used
at
Essendon
to
boost
the
immune
system.
113. As
detailed
above
in
my
response
to
the
panel
strand
in
the
cable
(vi),
Dank
explained
publicly
on
numerous
occasions
that
he
used
Thymomodulin
to
boost
the
immune
system
not
only
to
ward
off
colds
and
flu,
but
to
help
speed
the
recovery
from
injury
because
of
the
boost
to
the
immune
system.
114. I
place
here
again
Stuart
Crameris
answer
to
a
question
thats
also
relevant
to
this
strand:
Walker
(ASADA
investigator):
Yep.
Now,
from
your
perspective
Stu,
what
did
you
think
the
Thymosin
was
doing
for
you?
Crameri:
He
[Dank]
said
it
was
an
immune
booster
115. Similarly,
extracts
from
Age
journalist,
Nick
McKenzies
article
of
11
April
2013,
co-
written
with
Richard
Baker,
illustrate
that
the
panel
was
wrong
to
determine
that
an
immune
booster
was
not
used
at
Essendon.
"Records
of
Hird
and
Dank's
dealing
reveal
the
coach
knew
specific
details
about
the
supplementation
regime,
including
the
intravenous
administration
of
vitamins
and
injections
into
the
stomach
or
oral
administration
of
other
Bruce
Francis
Response
19
____________________________________________
supplements,
including
an
immune-booster
known
as
Thymosin
[my
emphasis].
116. The
panel
has
chosen
to
discount
McKenzies
words
here,
while
basing
much
of
its
findings
against
the
players
on
alleged
words
of
Dank
from
the
same
interview
that
did
not
appear
in
this
article,
but
magically
appeared
in
an
article
four
months
later.
Further
detail
of
this
is
at
my
response
to
Strands
of
the
Cable
(xii).
_________________________________________________________________________
(x)
Mr
Danks
job
with
Essendon
and
his
reputation
as
a
sports
guru
depended
upon
improvement
in
the
teams
results.
It
would
have
been
inconsistent
for
him
to
seek
to
access
TB-4
but
then
used
it
entirely
for
other
purposes.
On
9
March
2012,
Mr
Dank
sent
a
text
message
to
Mr
Hird
saying,
IV
start
next
week.
And
Thymosin
with
Ubiquinone.
We
will
start
to
see
some
real
effects.
_________________________________________________________________________
My
Comment:
117. It
is
incomprehensible
that
the
panel
would
use
such
flawed
logic
to
arrive
at
its
inevitably
flawed
determinations.
In
essence,
the
panel
is
saying:
a)
Danks
reputation
as
a
sports
guru
depended
on
improvement
in
the
teams
result
b)
He
sought
access
to
Thymosin
Beta-4
c)
He
used
Thymosin
Beta-4
for
other
purposes
[They
must
mean
his
Ageing
clinic,
as
there
has
been
no
finding
that
ARL
player
Earl
was
administered
TB-4]
d)
It
would
be
inconsistent
for
Dank
to
use
Thymosin
Beta-4
in
his
private
clinic
and
not
use
it
on
the
players
e)
Therefore,
Dank
must
have
administered
Thymosin
Beta-4
to
the
players
118. My
response
to
the
panels
flawed
logic:
a)
Danks
reputation
as
a
sports
guru
would
be
ruined
were
he
found
to
be
administering
a
banned
substance
to
the
players
b)
He
would
know
that
the
chances
of
his
being
caught
through
random
testing
would
be
very
high
if
he
were
administering
a
banned
substance
to
as
many
as
45
players,
or
even
just
34.
Bruce Francis
Response
20
____________________________________________
c)
d)
e)
f)
g)
h)
_________________________________________________________________________
(xi)
In
2011,
Mr
Del
Vecchio,
who
was
involved
in
a
business
called
Australian
Medical
Solutions,
which
was
considering
the
purchase
of
Mr
Charters
Dr
Ageless
company,
had
a
conversation
with
Mr
Dank
in
which
Mr
Dank
said
he
was
giving
the
Essendon
players
peptides
and
Mr
Del
Vecchio
advised
him
that
they
were
prohibited.
_________________________________________________________________________
My
Comment:
119. This
constitutes
yet
another
changing
of
the
facts,
that
many
would
argue
amounts
to
misconduct,
or
even
corrupt
behaviour
by
ASADA
and/or
WADA,
with
the
false
facts
accepted
inexplicably
by
the
panel.
120. Mr
Del
Vecchio
did
not
advise
Dank
that
peptides
were
prohibited.
121. Del
Vecchio
sent
an
email
to
Charter
about
Danks
supplement
program
at
Essendon,
expressing
some
concern
for
Dank
on
the
basis
of
most
peptides
being
prohibited.
122. All
peptides
are
not
prohibited,
including
Thymomodulin
and
Thymosin
Alpha-1,
so
such
advice
would
be
irrelevant,
anyway,
as
Dank
knew
which
peptides
were
prohibited
and
which
were
not.
123. ASADAs
Interim
Report
(page
248)
stated
that
Del
Vecchio
was
specifically
concerned
about
GHRP-6
124. There
is
no
accusation
that
Dank
used
GHRP-6
at
Essendon.
Bruce Francis
Response
21
____________________________________________
125. The
panels
determination
was
that
Dank
used
Thymosin
Beta-4
at
Essendon.
126. The
players
have
been
found
guilty
of
the
use
of
Thymosin
Beta-4,
and
nothing
else,
so
a
warning
about
anything
else
is
irrelevant.
127. The
panel
implied
that
Del
Vecchio
warned
Dank
about
Thymosin
Beta-4.
An
incomprehensible
claim
as
the
exchange
between
the
ASADA
investigator
and
Del
Vecchio
that
appeared
in
the
Interim
Report
doesnt
mention
Thymosin
or
any
variation.
128. Del
Vecchio
made
no
mention
of
Thymosin
or
Thymosin
Beta-4.
129. It
is
impossible
to
understand
why
the
panel
included
Del
Vecchio
as
one
of
the
strands
in
the
cable
unless
wishing
to
imply
that
he
warned
Dank
that
Thymosin
was
banned.
But
then
they
know
Del
Vecchio
did
not,
so
his
inclusion
here
is
totally
unfathomable.
_________________________________________________________________________
(xii)
In
an
interview
with
Mr
Nick
McKenzie
of
the
Age
newspaper
in
April
2013,
Mr
Dank
admitted
the
use
of
TB-4
on
the
players.
Although
he
sought
to
retract
sometime
thereafter
once
it
had
been
pointed
out
to
him
that
TB-4
was
a
prohibited
substance.
_________________________________________________________________________
My
Comment:
130. The
only
brick
in
the
panels
house
that
Thymosin
at
Essendon
was
Thymosin
Beta-4
seems
to
be
the
Age
journalist
Nick
McKenzies
claim
that
Dank
admitted
to
him
to
using
Thymosin
Beta-4
at
Essendon.
131. The
accuracy
of
this
claim
is
tenuous
anyway,
but
even
if
the
claim
were
true,
the
possibility
that
Dank
made
an
inadvertent
error
in
response
to
a
leading
question
is
so
obvious,
it
is
baffling
that
the
panel
would
include
this
as
a
strand,
let
alone
as
a
foundation
brick
in
their
decision.
132. If
the
panel
is
disinclined
to
even
consider
the
possibility
of
an
inadvertent
error
on
Danks
part,
panel
members
must
be
deeply
suspicious
of
the
egregious
mistake
ASADA
made
in
asking
the
players
how
they
felt
about
being
administered
substances
that
had
been
brought
in
from
Mexico
[Interim
Report
208].
It
seems
that
somehow
they
didnt
know/forgot
that
El
Paso
is
in
the
United
States!
The
revelation
that
Mexico
was
the
(presumably
secret)
source
of
the
supplements
was
distressing
enough,
but
for
the
players
to
find
that
the
Mexico
connection
and
the
negative
Bruce Francis
Response
22
____________________________________________
connotations
of
that
was
leaked
to
the
media
and
became
front
page
news
was
so
damaging
to
them
in
the
publics
eyes
that
ASADAs
mistake
had
a
devastating
effect
on
the
players
emotional
and
mental
wellbeing.
Obviously
ASADAs
explanation
that
it
was
an
inadvertent
error
would
be
treated
with
derision
by
the
panel.
133. McKenzie
interviewed
Dank
in
early
April
2013,
and
his
article
co-written
with
Richard
Barker
appeared
in
the
Age
on
11
April.
The
word
Thymosin
was
used
twice,
but
there
was
no
mention
of
Thymosin
Beta-4.
134. McKenzie
and
Baker
wrote:
"Records
of
Hird
and
Dank's
dealing
reveal
the
coach
knew
specific
details
about
the
supplementation
regime,
including
the
intravenous
administration
of
vitamins
and
injections
into
the
stomach
or
oral
administration
of
other
supplements,
including
an
immune-booster
known
as
Thymosin
[my
emphasis].
"When
asked
why
Thymosin
peptides
were
given
to
players
as
an
immune
system
booster
[my
emphasis]
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.
135.
136.
137.
138.
139.
On
24
August
2013,
the
Age
published
excerpts
from
Nick
McKenzies
April
interview
with
Dank.
Inexplicably,
this
article
mentions
Thymosin
Beta-4,
and
quotes
Dank
saying
he
used
it
to
boost
the
immune
system
of
the
players.
As
Thymomodulin
boosts
the
immune
system
and
as
Thymosin
Beta-4
does
not,
whatever
Thymosin
Dank
said,
he
was
clearly
referring
to
Thymomodulin.
Furthermore,
it
is
incomprehensible,
and
in
fact
beyond
the
realm
of
possibility,
that
if
Dank
admitted
to
administering
Thymosin
Beta-4,
and
McKenzie
pointed
out
to
him
that
Thymosin
Beta-4
was
a
banned
substance,
that
McKenzie
and
Baker
would
not
have
included
the
admission
and
McKenzies
comment
in
the
original
article
on
11
April.
There
is
no
plausible
explanation
for
such
an
omission.
It
is
preposterous
that
any
credibility
has
been
given
to
the
sudden
inclusion
of
Thymosin
Beta-4
in
a
follow-up
article
four
and
a
half
months
later.
It
is
impossible
to
understand
why
ASADA,
WADA,
and
the
CAS
panel
didnt
simply
dismiss
this
reference
as
totally
unreliable.
If
McKenzie
had
any
credibility
after
the
24
August
article,
it
should
have
been
in
tatters
over
what
many
saw
as
a
deliberate
omission
from
a
column
written
by
him
and
Baker
on
16
December
2013.
Inter
alia,
they
wrote:
Bruce Francis
Response
23
____________________________________________
"On
June
15,
2012,
Essendon's
then
high-performance
boss
Dean
Robinson
emailed
Hird,
senior
assistant
coach
Mark
Thompson,
football
chief
Danny
Corcoran,
doctor
Bruce
Reid
and
other
senior
officials
a
document
titled
Supplements
till
GF
2012.
"One
of
the
drugs
to
be
injected
fortnightly
two
days
before
a
game
was
the
anti-dementia
drug
Cerebrolysin.
140. ASADAs
Interim
Report
stated:
"On
15
June
2012,
Robinson
emailed
Dr
Reid
a
list
of
supplements
to
be
administered
between
the
mid-year
bye
and
the
2012
Grand
Final
which
included
Thymomodulin
[my
emphasis]...
and
Cerebrolysin."
141. Some
would
believe
that
the
omission
of
Thymomodulin
from
McKenzies
article
was
an
attempt
to
suppress
facts
that
would
have
helped
Essendons
case.
In
my
view,
this
omission
and
the
fiasco
of
24
August
2013
article,
is
at
least
sufficient
evidence
that
McKenzies
writings
cannot
be
relied
upon.
142. Some
of
the
issues
that
arise
from
this:
a)
Was
WADA
inappropriately
selective
in
the
writings
of
McKenzie
it
chose
to
submit
to
the
panel?
Did
WADA
only
submit
the
24
August
2013
article;
or
did
it
also
submit
the
11
April
2013
article,
pointing
out
the
discrepancy
between
the
two;
and
the
16
December
2013
article,
pointing
out
the
omission.
b)
If
WADA
only
tabled
the
24
August
2013
article,
how
can
it
justify
withholding
information
that
supports
the
players
case
that
they
were
administered
Thymomodulin,
not
Thymosin
Beta-4?
c)
If
in
fact,
both,
or
all
three
articles
were
submitted
as
evidence,
the
panel
was
clearly
incompetent
in
not
realising
that
the
11
April
2013
and
24
August
2013
articles,
though
reporting
on
the
same
interview,
were
factually
and
crucially
substantially
different.
d)
Did
WADA
request
McKenzie
appear
as
a
witness?
If
it
didnt,
how
did
the
panel
allow
some
of
McKenzies
writings
to
be
admitted
as
evidence?
The
words
that
Dank
supposedly
said
to
McKenzie
during
the
interview
are
the
only
(purported)
evidence
that
Thymosin
Beta-4
was
used
at
Essendon,
and
the
panel
seems
to
have
given
McKenzies
accusation
an
inordinate
amount
of
credibility
and
relevance.
If
the
players
lawyers
couldnt
cross
examine
McKenzie,
the
panel
should
have
rejected
it.
Bruce Francis
Response
24
____________________________________________
e)
Even
if
McKenzie
were
interviewed,
his
writings
should
have
been
rejected
as
any
kind
of
evidence,
given
the
seeming
bias
against
Essendon
obvious
in
the
discrepancies
and
omissions.
_________________________________________________________________________
(xiii)
Mr
Dank
had
been
anxious
from
the
start
to
divert
attention
away
from
the
substances
he
was
proposing
to
use
and
to
downplay
their
true
nature.
In
a
text
message
exchange
on
4
October
2011,
Mr
Dank
discussed
with
Mr
Robinson
the
use
of
peptides
including
(expressly)
Thymosin.
He
said,
GLBC
and
Thymosin
are
just
peptides.
No
worries
there.
Mr
Robinson
said,
Can
we
just
call
them
amino
acids?
or
something
of
that
kind?
Mr
Dank
responded,
Yes,
that
is
all
they
are.
An
amino
acid
blend.
Adding
that
they
should
leave
peptides
out
in
the
description
of
what
was
being
used.
_________________________________________________________________________
My
Comment:
143. The
fact
that
Dank
then
went
on
to
describe
the
benefits
applicable
to
Thymomodulin,
as
an
immune
booster,
and
not
TB-4,
was
ignored
by
the
panel.
144. The
selective
use
of
part-quotes
from
Dank,
particularly
hearsay
quotes,
when
a
full
quote
changes
the
picture,
is
a
very
troubling
aspect
of
the
panels
findings.
145. Dank
did
not
use
the
acronym
GLBC.
The
text
message
stated
GPLC.
Normally,
this
wouldnt
be
an
issue,
as
its
clearly
just
a
human
error
by
someone
in
the
chain
of
people
reproducing
the
text,
including
possibly
the
panel,
or
simply
an
oversight
by
the
panel
in
not
correcting
an
error
by
their
own
transcriber.
146. However,
as
the
panel
has
found
the
34
players
guilty
because
of
Danks
alleged
failure
to
correct
the
Ages
Nick
McKenzie
when
the
latter
allegedly
used
the
term
TB-
4
in
an
interview
with
Dank
in
April
2013,
it
is
relevant
to
highlight
the
fact
that
hearing
or
seeing
what
you
expect
to
hear
or
see,
is
a
very
common
human
failing.
147. To
determine
that
Mr
Dank
had
been
anxious
from
the
start
to
divert
attention
away
from
the
substances
he
was
proposing
to
use
and
to
downplay
their
true
nature
is
another
extraordinary
example
of
the
panels
view
that
they
can
read
minds,
particularly
as
none
of
them
has
even
met
Dank,
let
alone
asked
him
about
his
state
of
mind
and
motives.
148. To
put
the
best
light
possible
on
what
seems
inexplicable
behaviour
and/or
determinations
by
ASADA,
WADA
and
the
CAS
panel,
lets
assume
that
the
three
bodies
really
believed
that
Dank
had
sinister
motives
in
using
the
term
amino
acids.
Bruce Francis
Response
25
____________________________________________
149. However,
if
convinced
the
evidence
was
there,
why
have
other
comments
by
Shane
Charter
that
shed
light
on
the
use
of
the
term
not
been
included
here.
ASADA
asked
Charter
to
comment
on
the
use
of
the
term
amino
acid.
ASADA
reported
the
exchange
on
page
89
of
its
Interim
Report
as
follows:
As
part
of
this
investigation,
Mr
Shane
Charter
was
also
interviewed
by
ASADA.
Mr
Charter
is
a
biochemist
with
post-graduate
studies
in
nutrition,
followed
up
by
exercise
physiology
and
then
[an]
Australian
Pharmaceutical
Manufacturers
Diploma.
Mr
Charters
credentials
and
business
relationship
with
Mr
Dank
will
be
discussed
extensively
throughout
the
report.
Mr
Charter
believes
that
the
term
Amino
Acid
is
a
sufficiently
generic
term
within
the
anti-Ageing
industry
that
it
could,
technically
be
used
to
describe
a
variety
of
peptides.
An
amino
acid
is
simply
a
sequence
of
you
know,
of
base
proteins
at
a
specific
length
so
all
peptides
are
in
short,
sequences
of
amino
acids.
150. ASADA
used
the
term
amino
acids
itself.
As
an
example,
on
page
385
of
the
Interim
Report,
ASADA
wrote:
Essendon
players
were
also
injected
with
an
amino
acid
blend
at
HyperMED
by
Dr
Hooper.
A
sample
of
the
amino
acid
blend
was
not
recovered.
According
to
Dr
Hooper's
patient
records,
33
players
received
a
total
of
112
injections
of
amino
acids.
151. Dank
said
he
used
the
term
amino
acid
because
many
people,
including
the
AFLs
integrity
officer
Brett
Clothier,
wrongly
believed
all
peptides
were
banned.
Though
disputed
by
others
present,
Clothier
claims
he
told
Hamilton
and
Hird
that,
peptides
were
a
serious
risk
to
the
integrity
of
the
AFL,
in
the
same
category
as
steroids
and
HGH.
152. All
peptides
are
not
banned.
For
example,
Thymomodulin
and
Thymosin
Alpha
1
are
peptides
and
they
are
not
banned.
153. Dank
chose
to
use
the
term
amino
acid
because
he
believed
there
was
less
ignorance
about
them
than
there
was
about
the
word
peptides.
_________________________________________________________________________
(xiv)
The
closed
circle
of
officials
within
the
club
privy
to
Mr
Danks
regime
were
careful
to
ensure
that
even
the
club
Doctor
was
not
made
aware
of
it.
It
was
surely
by
design,
not
through
accident,
that
the
regime
was
not
disclosed
outside
the
closed
circle
during
the
season.
In
the
letter
dated
17
January
2012
to
the
Essendon
coach
and
Essendon
football
manager,
referred
to
at
paragraph
25
above,
Dr
Reid
said:
Bruce Francis
Response
26
____________________________________________
I
have
some
fundamental
problems
being
the
club
doctor
at
present
This
particularly
applies
to
the
administration
of
supplements.
Although
we
have
been
using
supplements
for
approximately
3
months,
despite
repeated
requests
as
to
exactly
what
we
are
giving
our
players
in
the
literature
related
to
this
I
have
at
no
time
being
given
that
until
last
Sunday.
Last
week
the
players
were
given
subcutaneous
injections
not
by
myself
and
I
had
no
idea
that
this
was
happening
and
also
the
drug
that
was
involved.
The
letter
makes
no
reference
to
Thymosin
but
says
in
relation
to
AOD-9604,
I
think
we
are
playing
at
the
edge.
On
15
January
2012,
Dr
Reid
framed
his
protocol
to
the
effect
that
any
substance
administered
must
be
proven
to
be
legal,
safe,
explain
to
the
players
and
in
receipt
of
their
informed
consent.
The
P anel
was
not
prepared
to
accept
that,
because
Dr.
Reid
was
privy
to
the
player
Mr.
Lovett-Murray
to
being
injected
with
muscle
relaxant
by
another
professional
practitioner,
Dr.
Hartmann,
doubt
should
be
cast
upon
his
ignorance
of
the
injections
of
Thymosin
by
Mr.
Dank.
That
was
a
submission
too
far.
Nor
can
the
Panel
construe
the
letter
of
complaint
written
by
Dr.
Reid
to
the
head
coach
and
team
manager
on
17
January
2012
as
indicative
in
any
way
of
a
knowledge
(even
then)
that
Dr.
Reid
knew
about
the
injections,
still
less
thereafter
when
he
clearly
did
not,
in
particular
about
injections
with
Thymosin
_________________________________________________________________________
My
Comment:
154. There
was
no
closed
circle
of
officials
privy
to
Danks
supplements
regime
that
was
purportedly
keeping
Dr
Reid
in
the
dark.
155. Characteristically,
the
panel
has
not
disclosed
the
names
of
the
officials
that
it
believes
were
part
of
the
closed
circle.
As
theyre
keeping
us
in
the
dark
about
that,
I
must
attempt
the
same
mind-reading
technique
they
seem
to
employ
frequently
in
regard
to
Dank,
the
players
and
others,
and
Ill
conjecture
that
theyre
not
just
referring
to
Dank
and
Robinson,
but
also
to
Paul
Hamilton,
James
Hird,
Mark
Thompson
and
Danny
Corcoran.
156. In
reality,
Dank
and
Robinson
were
the
only
ones
privy
to
the
complete
details
of
what
should
properly
be
called
the
Dank
and
Robinson
supplements
regime.
They
failed
in
their
responsibility
to
keep
Dr
Reid
in
the
loop,
both
in
providing
information
and
seeking
approvals.
Further,
they
failed
to
keep
proper
records.
Essendon
has
already
Bruce Francis
Response
27
____________________________________________
157.
158.
159.
160.
161.
162.
163.
paid
a
massive
$2
million
fine
and
been
penalised
with
other
sanctions
for
the
failure
of
proper
governance
that
would
have
detected
and
corrected
this
cavalier
behaviour
and
careless
lack
of
attention
to
protocols
by
Dank
and
Robinson
at
a
much
earlier
stage.
To
be
now
punishing
the
players
over
the
same
governance
issues
-
as
it
is
still
the
failure
to
follow
proper
protocols
and
recording
keeping,
and
not
any
evidence
of
an
actual
anti-doping
infraction,
that
has
been
evidenced
here
-
is
a
most
egregious
form
of
double
jeopardy
on
both
the
players
and
the
club.
In
imagining
some
kind
of
nefarious
closed
circle,
WADA
and
the
CAS
panel
have
chosen
to
ignore
key
events
that
belie
their
assertion.
In
May
2011
Essendon
chairman
David
Evans,
CEO
Ian
Robson,
Danny
Corcoran,
Paul
Hamilton,
James
Hird
and
Mark
Thompson
agreed
that
the
club
had
to
adopt
a
more
scientific
approach.
Each
understood
that
the
programme
would
involve
the
taking
of
supplements,
as
was
already
the
case
in
several
of
the
other
clubs.
With
the
above
in
mind,
Dean
Robinson,
formally
of
the
AFLs
own
club,
Gold
Coast
Suns,
was
appointed
to
the
position
of
high
performance
coach
and
commenced
duty
on
25
August
2011.
On
30
August
2011
Essendon
bought
60
vials
of
Vitamin
B
Dose
Forte.
They
were
administered
to
the
playing
group
by
injection
by
club
doctor
Brendan
De
Morton
at
the
request
of
Robinson.
Dr
Reid
was
aware
of
the
purchase
and
sanctioned
its
use.
This
was
the
first
occasion
that
the
players
were
administered
a
supplement
injection.
On
19
October
2011,
the
first
day
of
2012
pre-season
training,
Dr
Reid
discovered
Robinson
handing
out
Tribulus
tablets.
Concerned
about
their
status,
he
immediately
reported
it
to
the
AFL.
The
AFL
failed
to
follow-up.
Hird
was
overseas
at
the
time
and
Reid
told
no
one
at
Essendon,
although
he
chastised
Robinson.
Tribulus
in
not
a
prohibited
substance.
On
4
November
2011,
Dank
joined
Essendon
as
a
consultant,
not
as
an
employee.
Dank
was
responsible
to
Robinson,
who
also
had
the
doctors,
physiotherapists,
psychologist,
nutritionist,
and
the
weights
and
conditioning
trainer
reporting
to
him.
Robinson
reported
to
Paul
Hamilton,
who
was
general
manager
of
the
football
department.
Hird
reported
to
CEO
Ian
Robson
and
had
four
assistant
coaches
reporting
to
him.
He
and
his
team
were
on
a
different
branch
of
the
organisation
structure
from
the
football
department
and
had
no
responsibilities
for
the
supplement
programme.
Hirds
only
involvement
in
the
supplements
programme
was
to
support
it
in
principle
and
to
constantly
remind
those
responsible
for
the
programme
that:
the
supplements
had
to
be
WADA
permitted
Bruce Francis
Response
28
____________________________________________
Dr
Reid
had
to
approve
their
use
the
players
had
to
consent
to
their
use
they
could
not
harm
the
players
164.
165.
166.
167.
168.
169.
The
protocols
were
very
simple,
in
line
with
Hirds
mantra
above,
and
everyone
understood
them
and
signed-off
on
them.
Dank
was
required
to
recommend
a
substance
to
Robinson.
If
Robinson
were
sold
on
the
substances
benefits
he
had
to
get
approval
from
Dr
Reid
to
use
it.
If
Dr
Reid
approved
it,
Robinson
then
had
to
get
permission
from
Hamilton
to
purchase
the
substance.
On
or
about
13
January
2012,
Dr
Reid
discovered
Dank
administering
AOD-9604
injections
and
Tribulus
orally.
Robinson
had
not
sought
approval
from
Reid
for
their
use
at
this
time
and
no
one
apart
from
Dank
and
Robinson
was
aware
those
two
substances
were
being
used.
Reid
was
very
angry.
Because
Paul
Hamilton,
his
department
head
was
not
about
at
the
time,
he
mentioned
it
to
Hird.
Hird
told
Reid
that
he
must
discuss
the
matter
with
Hamilton,
and
suggested
that
if
he
werent
happy
with
the
outcome
of
that
discussion,
he
should
write
a
letter
to
Robson,
the
CEO.
Hamilton
spoke
to
Robson
that
afternoon
and
admonished
Robinson
the
next
day
for
not
keeping
Dank
under
control.
On
15
January
2012,
Reid
helped
Robinson
and
psychologist
Jonah
Oliver
write
the
new
protocols,
which
Robinson
distributed.
Everyone
accepted
that
without
Reids
permission,
there
was
to
be
no
supplements
program.
It
is
now
obvious
that
Robinson
and
Dank
didnt
keep
their
commitment
in
relation
to
seeking
Dr
Reids
approval
at
every
step
along
the
way.
Reid,
who
had
been
opposed
to
the
supplement
program
from
the
start,
dug
his
heels
in
and
it
was
feared
by
those
who
believed
in
a
supplements
programme
in
principle,
that
he
wouldnt
approve
the
administering
of
any
further
substances.
On
30
January
2012,
Hird
sent
an
SMS
to
Corcoran:
No
stress
but
need
to
organise
a
meeting
with
you
me
Reidy,
Danksy
and
Weapon
[Dean
Robinson]
the
day
you
get
back.
Reidy
has
stopped
everything,
which
is
getting
a
little
frustrating.
Need
to
get
your
United
Nations
skills
back
into
action.
170. It
seems
that
the
above
was
submitted
as
evidence
that
Reid
was
being
kept
out
of
the
loop
by
Hird,
and
for
nefarious
reasons.
In
another
example
of
WADA
seeming
to
omit
crucial
evidence
that
would
help
the
players
defence
that
they
werent
administered
Thymosin
Beta-4
and
that
there
wasnt
an
inner
circle
involved
in
a
conspiracy
to
have
them
injected
with
the
substance
behind
Dr
Reids
back,
the
second
half
of
the
above
text
was
omitted
in
WADAs
submission:
Bruce Francis
Response
29
____________________________________________
171.
172.
173.
174.
175.
176.
177.
Understand
about
injecting
and
dont
want
to
push
the
boundaries.
Just
need
to
make
sure
we
are
doing
everything
we
can
within
the
rules
as
the
other
clubs
are
a
long
way
ahead
of
Reidy
and
us
at
the
moment.
This
SMS
is
evidence
that
Dr
Reid
wasnt
being
kept
in
the
dark
by
an
inner
circle,
and
there
was
no
intention
of
keeping
him
out
of
the
loop.
Reid
wasnt
being
kept
informed
to
the
extent
he
should
have
been
by
Dank
and
Robinson,
however,
and
in
his
view
he
wasnt
being
asked
for
approval
when
necessary.
He
simply
wanted
the
program
to
stop.
Although
Hird
was
a
little
frustrated,
he
was
the
one
who
had
always
emphasised
the
need
for
Reids
approval
and
knew
there
was
no
programme
without
it.
To
that
end,
he
hoped
that
Corcoran
could
persuade
Reid
to
continue
with
the
programme.
Everyone
except
Dank
and
Robinson
accepted
that
without
Reids
permission
there
was
no
supplement
programme.
It
was
therefore
unconscionable
for
the
CAS
panel
to
state
that
a
close
circle
of
officials
within
the
club
privy
to
Mr
Danks
regime
were
careful
to
ensure
that
even
the
club
doctor
was
not
made
aware
of
it.
Dank
and
Robinson
claimed
that
between
15
January
2012
and
8
February
2012,
they
obtained
Dr
Reids
permission
to
administer
AOD-9604,
Tribulus
tablets,
Colostrum
tablets
and
Thymosin
injections,
and
these
were
the
substances
included
on
the
player
consent
form.
Reid
testified
that
he
only
agreed
to
AOD-9604
being
used.
When
Hamilton,
Corcoran,
Hird
and
Thompson
saw
the
player
consent
form
they
all
automatically
believed
that
Reid
had
given
permission
for
AOD-9604,
Thymosin,
Colostrum
and
Tribulus
to
be
used.
As
far
as
Hamilton,
Corcoran,
Hird
and
Thompson
were
concerned
those
four
substances
and
the
Vitamins
B
and
C
intravenous
treatments
constituted
the
programme,
which
would
then
be
individualised
for
each
player,
and
they
believed
Reid
had
approved
it.
The
four
of
them
were
assured
by
Dank
and
Robinson
that
all
four
substances
were
WADA
permitted.
There
was
simply
no
reason
for
the
four
of
them
to
hide
anything
from
Dr
Reid.
Unbeknown
to
Hamilton,
Corcoran,
Reid,
Hird
and
Thompson
at
the
time,
in
April
and
May
2012,
Dank
and
Robinson
organised
for
a
Dr
Hooper
to
administer
Cerebrolysin
and
an
amino
acid,
to
some
of
the
players,
while
they
were
attending
Hoopers
hyperbaric
chamber,
HyperMED.
When
Reid,
Corcoran,
Hird
and
Thompson
eventually
found
out
about
the
unauthorised
injections
at
the
HyperMED,
though
involving
nothing
prohibited,
they
insisted
that
the
programme
be
stopped.
Bruce Francis
Response
30
____________________________________________
178. By
May
2012,
Dr
Reid
and
Corcoran
were
so
disenchanted
with
Dank
and
Robinson
administering
substances
without
Reids
permission
that
they
asked
Evans
and
Robson
to
dispense
with
their
services.
Hird
supported
their
request.
Their
request
was
declined
on
the
basis
of
financial
cost.
179. As
an
illustration
of
the
likelihood
that
even
Robinson
was
cavalier
and
incompetent
with
administrative
protocols
rather
than
intentionally
keeping
any
aspect
of
the
supplements
program
from
Dr
Reid,
ASADA
recovered
an
email
sent
from
Robinson
to
Reid
informing
Reid
that
he
was
commencing
Thymomodulin
injections.
As
Robinson
wasnt
asking
for
approval,
it
appears
he
believed
he
already
had
permission
and
was
just
informing
Reid
of
a
commencement
date.
180. Hird
had
7000
SMSs
on
his
phone
and
not
one
alluded
to
keeping
Dr
Reid
out
of
the
loop.
In
fact,
none
of
Hird,
Thompson,
Corcoran,
or
Hamilton
was
in
Robinson
and
Danks
loop
of
information
for
the
vast
majority
of
the
time.
181. The
panels
totally
unsubstantiated
claim,
heavy
with
innuendo,
that,
It
was
surely
by
design,
not
through
accident,
that
the
regime
was
not
disclosed
outside
the
closed
circle
during
the
season
deserves
censure.
_________________________________________________________________________
(xv)
The
Players,
during
the
season,
were
instructed
to
keep
it
secret.
One
of
the
Players,
Mr.
Davis,
in
his
statement
to
ASADA
said,
"they
wanted
to
be
confidential
within
the
playing
group,
because
they
didn't
want
other
teams
to
...
find
out".
In
the
same
interview,
Mr.
Davis
also
said,
"I
remember
them
saying
that
only
a
couple
of
the
coaches
were
aware
of
what
the
supplement
program
was
going
to
be".
Though
several
of
the
players
disputed
that
they
received
such
instructions,
their
behaviour,
keeping
the
club
doctor
out
of
the
loop,
and
failing
to
record
the
injections
on
the
doping
control
forms,
clearly
justifies
such
inference
being
drawn.
This
was,
at
its
lowest,
consistent
with
an
appreciation
of
its
controversial
nature.
_________________________________________________________________________
My
Comment:
182. The
first
part
of
this
strand
suggests
that
the
panel
has
a
nave
view
of
professional
sporting
competitions.
Most
individuals
and
teams
refuse
to
share
their
nutrition
and
supplements
programmes
with
their
opponents.
183. Every
player
and
each
coach
believed
that
all
substances
administered
to
the
players
were
WADA
permitted.
None
believed
that
the
reason
to
keep
the
programme
Bruce Francis
Response
31
____________________________________________
184.
185.
186.
187.
188.
189.
190.
confidential
was
to
prevent
the
club
from
being
accused
of
administering
banned
substances.
All
believed
that
the
confidentiality
was
for
two
reasons:
To
stop
other
clubs
from
using
and
thus
benefiting
from
the
same
programme
To
protect
Stephen
Danks
intellectual
property
The
players
admired
Dr
Reid
and
had
complete
faith
in
him.
They
were
aware
of
the
protocols
and
believed
that
Dr
Reid
had
approved
the
programme.
They
trusted
Steve
Dank.
They
saw
no
reason
to
ask
Dr
Reid
whether
he
was
happy
with
the
programme.
They
did
not
keep
Dr
Reid
out
of
the
loop.
They
believed
that
he
was
the
key
figure
in
the
loop
and
had
approved
everything.
The
panels
suggestion
that
the
players
kept
the
doctor
out
of
the
loop
deliberately
is
without
foundation,
counter-intuitive
and,
given
the
total
lack
of
evidence
to
support
their
assertion,
dangerously
cavalier
and
quite
outrageous.
The
players
attitude
in
trusting
Dank,
and
therefore
not
questioning
Dr
Reid,
was
no
different
from
the
AFLs
attitude
in
trusting
every
player
at
every
club
and
every
doctor
at
every
club
to
comply
with
clause
7.4
of
the
AFLs
Anti-Doping
Code.
Clause
7.4
basically
says
that
at
the
start
of
each
season,
every
player
at
every
club
is
required
to
hand
to
the
club
doctor
a
form
containing
every
substance
that
the
player
was
administered
at
the
club
and
away
from
the
club
during
the
previous
twelve
months.
To
my
knowledge,
no
player
has
ever
complied
and
the
AFL
has
never
checked
compliance.
Every
club
was
contacted
by
ABC
radio
on
Wednesday,
1
April
2015
regarding
their
compliance.
No
club
spokesman
had
heard
of
clause
7.4
of
the
AFL
Anti-Doping
Doping
Code.
All
spokesmen
promised
to
ring
back
with
the
information.
None
did.
The
fact
that
the
AFL
trusted
every
doctor
and
every
player
to
comply
is
no
different
from
the
Essendon
players
trusting
Dank
to
comply
with
the
club
protocols
and
WADA
code.
Nave,
perhaps;
but
sinister,
no.
Players
failing
to
record
all
injections
on
the
doping
control
forms
during
occasional
visits
from
ASADA
was
a
mistake
that
possibly
deserved
a
financial
penalty,
but
it
is
disingenuous
to
suggest,
as
the
panel
has
done,
that
it
justifies
an
inference
being
drawn
of
nefarious
intent.
Some
players
believed
they
only
had
to
record
substances
administered
in
the
last
seven
days;
some
were
exhausted
or
in
a
hurry
to
get
back
to
training
or
get
home
and
didnt
consider
it
anything
to
be
bothered
about.
It
is
an
astounding
and
unsupportable
leap
to
suggest
that
they
were
neglectful
in
their
record
keeping
because
they
believed
they
were
taking
banned
substances.
Bruce Francis
Response
32
____________________________________________
191. Additionally,
the
panels
one-in,
all-in
approach
to
their
bizarre
determinations
in
this
matter
is
extraordinary
and
totally
unjustifiable.
Only
21
of
the
34
players
were
tested
by
ASADA
during
this
period,
so
the
others
werent
asked
to
provide
any
information.
None
of
the
34
deserves
the
negative
connotation
placed
on
what
was
little
more
than
carelessness,
but
for
the
13
who
werent
even
asked
the
questions,
the
blanket
aspersions
on
their
characters
is
doubly
unfair
and
some
would
say
little
more
than
an
attempt
to
justify
a
determination
against
the
players
that
has
not
evidentiary
base.
192. Basically,
the
panel
has
determined
that
any
number
of
players
not
filling
out
their
forms
correctly,
meant
that
they
were
administered
Thymosin
Beta-4,
and
even
those
who
werent
required
to
fill
out
a
form
at
any
given
time,
must
also
have
been
administered
Thymosin
Beta-4.
The
law
is
not
my
expertise,
but
logic,
statistics
and
sampling
are.
It
was
an
inexplicable
and
grave
injustice
by
the
panel
to
declare
guilt
of
all,
based
on
a
sample
of
players.
193. As
the
panel
has
determined
that
some
Essendon
players
failing
to
record
all
injections
on
the
doping
control
forms
during
occasional
visits
from
ASADA
was
an
indication
of
nefarious
intent,
presumably
it
required
to
know
from
WADA
how
Essendon
players
compliance
in
the
filling
out
of
such
forms
compared
with
all
the
other
AFL
clubs.
If
the
panel
did
not
require
that
information
from
WADA,
it
cannot
expect
those
of
us
looking
on
to
accept
that
it
had
a
fraction
of
the
information
necessary
for
it
to
make
even
an
educated
guess
on
the
intentions
of
the
players.
As
it
made
a
determination
of
the
Essendon
players
motives
anyway,
we
can
only
assume
that
the
panel
members
are
again
flirting
with
evidence-devoid
mind-reading.
194. If
WADA
failed
to
provide
the
panel
with
comparative
information
of
form-filling
compliance
of
the
other
AFL
clubs
without
the
need
to
be
asked,
it
also
failed
in
its
duty
to
seek
the
truth
and
not
merely
a
desired
outcome,
at
the
expense
of
justice
for
the
players.
_____________________________________________________________________________
(xvi)
Several
players
insisted
that
Mr.
Dank
was
not
present
at
away
matches
until
confronted
with
a
text
message
exchange
that
proved
he
was.
This
also
undermines
their
credibility.
_____________________________________________________________________________
My
Comment:
195. A
player
not
recalling
Dank
being
present
at
away
games
has
nothing
to
do
with:
whether
Thymosin
is
a
permitted
form
of
Thymosin
or
Thymosin
Beta-4
whether
the
players
were
administered
Thymosin
Beta-4
their
credibility
Bruce Francis
Response
33
____________________________________________
196. I
doubt
that
Hird
remembers
who
played
in
the
back
pocket
in
various
games.
To
put
any
weight
on
whether
the
players
recalled
whether
Dank
was
present
at
a
particular
away
game,
when
they
have
been
trained
to
totally
focus
on
the
job
at
hand
on
the
ground,
raises
questions
about
the
panels
appreciation
of
the
pressures
of
game-day
on
professional
sporting
teams.
197. One
of
the
most
important
meetings
the
players
attended
was
one
called
by
Dank
and
Robinson
on
8
February
2012.
The
purpose
was
to
explain
the
new
supplement
protocols.
None
of
the
players
could
recall
who
was
there.
A
lack
of
recall
regarding
anyones
presence
does
not
in
any
way
reflect
on
their
credibility
in
relation
to
their
honesty.
198. At
clause
129
(ii)
the
panel
wrote:
by
the
time
they
came
to
be
interviewed
by
ASADA
in
May-July
2013,
and
asked
for
the
first
time
to
recollect
events
which
occurred
several
months
after
the
end
of
the
season,
their
recollection
could
not
have
been
precise
199.
200.
201.
202.
203.
This
suggests
that
the
panel
accepted
that
the
players
could
not
have
perfect
recall
on
events,
yet
here
they
count
some
of
them
not
recalling
something
as
inconsequential
as
Danks
presence
at
a
particular
game,
as
undermining
their
credibility.
I
have
yet
to
hear
of
a
club
choosing
its
young
recruits
on
the
basis
of
their
school
academic
results.
For
the
panel
to
turn
a
failure
to
recall
something
the
player
might
consider
mundane
and
of
no
need
to
store
in
the
memory
banks
into
a
serious
character
flaw
is
an
extraordinary
and
unsustainable
leap.
If
the
panel
thought
for
some
inexplicable
reason
that
a
players
lack
of
recall
of
Danks
presence
at
a
particular
game
was
a
serious
reflection
on
that
players
credibility,
then
it
is
incomprehensible
that
the
panel
used
the
term
several
players
rather
than
provide
the
exact
number
and
their
names.
For
the
panels
inexplicably
negative
view
of
the
credibility
of
a
few
players
due
to
their
inability
to
recall
something,
to
result
in
a
negative
assessment
of
the
credibility
of
all
34,
is
yet
another
example
of
their
inappropriate
one-in,
all-in
approach
to
the
players.
As
I
have
been
pointing
out
the
deficiencies
and
lack
of
procedural
fairness
in
the
Essendon
saga
since
early
2013,
with
AFL
officials,
journalists
and
others
choosing
to
ignore
the
analyses
I
was
sending
to
them
on
a
regular
basis
-
even
when
my
voice
became
shriller
and
shriller
out
of
frustration
-
it
has
been
a
considerable
relief
to
find
that
finally
others
are
starting
to
raise
their
voices
at
this
latest
travesty.
Critiques
of
the
CAS
judgment
have
frequently
marveled
at
the
panels
extraordinary
ability
to
mind-read
and
see
things
that
dont
seem
to
exist.
The
panels
astonishing
ability
to
make
determinations
despite
there
being
no
evidence
to
support
their
Bruce Francis
Response
34
____________________________________________
findings
is
truly
breathtaking.
And
this
includes
their
inference
that
the
players
who
couldnt
recall
Dank
being
present
at
certain
games
were
being
disingenuous
and
thus
lacked
credibility
overall.
204. Page
381
of
the
ASADA
investigators
Interim
Report
reads:
As
part
of
the
investigation,
ASADA
has
interviewed
every
player
subject
to
Essendons
2012
supplementation
program.
The
vast
majority
of
the
players
were
professional,
cooperative
and
sincere
in
their
efforts
to
assist
in
the
investigation.
205. Praise
from
ASADA
was
not
just
for
the
players.
James
Hird,
the
big
scalp
sought
by
the
AFL
and
painted
publicly
as
the
real
villain
in
all
this,
was
praised
to
the
players
for
the
way
he
acquitted
himself
in
the
ASADA
interviews.
206. ASADA
chief
investigator
Paul
Simonsson
addressed
the
players
on
6
May
2013
and
praised
Hird
to
them
for
the
professional
and
exemplary
manner
in
which
he
conducted
himself
during
his
seven
hours
and
forty
minutes
interview
before
the
investigatory
committee.
Simonsson
added
words
to
the
effect
that
the
players
should
take
a
leaf
out
of
Hirds
book
when
testifying.
Given
ASADA
investigators
praise
of
the
players
detailed
above,
it
would
seem
that
they
did.
C.
207.
208.
209.
210.
Further
Observations
I
know
enough
about
the
law
to
believe
that
the
CAS
panels
judgement
was
at
best
careless
and
incompetent,
and
at
worse
the
result
of
a
corrupted
hearing
based
on
an
agenda
other
than
justice.
Either
way
it
was
a
gross
miscarriage
of
justice
and
specifically
a
denial
of
natural
justice
and
procedural
fairness
for
the
players.
I
dont
know
enough
about
the
law
or
how
much
CAS
is
subject
to
legislation
outside
its
own
protocols
to
know
whether
the
34
players
have
an
avenue
of
appeal.
If
they
do,
I
have
little
doubt
they
have
the
grounds.
It
is
incumbent
on
those
culpable
in
the
situation
the
players
now
find
themselves
in,
to
fund
such
an
appeal.
If
there
is
no
right
of
appeal
against
such
a
malodorous
decision
then
the
whole
international
anti-doping
organizational
structure
and
its
processes
need
to
be
overhauled.
For
the
sake
of
our
own
sportsmen
and
women,
and
the
integrity
of
our
sporting
bodies
and
anti-doping
authorities,
we
in
Australia
need
to
review
how
we
go
about
the
business
of
ensuring
our
professional
sports
are
free
from
the
use
of
prohibited
substances.
We
need
to
review
our
own
anti-doping
body
and
we
need
to
bring
authority
over
our
sportspeople
back
to
Australia.
Bruce Francis
Response
35
____________________________________________
211. In
the
interim,
if
there
is
no
formal
right
of
appeal
in
the
international
processes
as
they
are
now,
the
AFL,
ASADA
and
WADA
must
accept
their
culpability
in
this
outrageous
outcome
and
attempt
to
have
the
judgement
overturned
with
a
submission
to
CAS
to
declare
the
evidence
and
processes
contaminated
and
therefore
the
panels
findings
null
and
void.
Bruce
Francis
2
February
2016
Bruce Francis
Response
36