New twist as Dank to argue he did not send Charter to ChinaJon Pierik
The Age
January 31, 2016Former Essendon sports scientist Stephen Dank is to argue he did not source banned peptides from China through disgraced biochemist Shane Charter, as he prepares to ramp up more than two dozen defamation cases.
Charter has been a central figure in the case against 34 past and present Essendon players, although he changed his evidence from when he was grilled by anti-doping investigators to when he was interviewed by lawyers and Essendon chief executive Xavier Campbell representing the players.
Charter, a convicted drug importer, originally said he went to China in November 2011 to source thymosin beta-4, the drug the players ultimately have been banned for a year for taking, and the legal immunity booster, thymosin alpha.
Charter later said he had sourced only thymosin alpha, on behalf of Dank's business partner at his Sydney anti-ageing clinic.
In what shapes as another twist, Fairfax Media has been told Dank is to argue Charter's entire evidence was a lie, and that neither he nor his business partner had asked Charter to make the trip to China. Dank will also argue he had never sourced peptides through Charter.
The Australian Sports Anti-Doping Agency had argued that thymosin beta-4 procured by Charter was given to Melbourne compounding pharmacist Nima Alavi and injected into Essendon players by Dank.
However, Dank is set to argue his relationship with Alavi did not begin until December 11, 2011, again highlighting he had nothing to do with Charter or Alavi when the trip to China allegedly took place.
In an interview on 3AW in December 2014, Charter said ASADA had electronic evidence of him sourcing thymosin beta-4 from China and supplying it for Alavi. He also added: "Dank asked for a range of peptides, including thymosin beta-4."
While Dank will argue he did not send Charter to China, the pair did have previous dealings: they had in that same year discussed a joint business venture, which ultimately was rejected by Dank.
Dank is expected to admit he used thymosin beta 4 at his clinic, but not on the Essendon players. He has maintained he only gave thymomodulin, a permitted thymosin peptide, to the players.
But when handing down its findings this month, the Court of Arbitration for Sport found that Dank's program could only have been geared towards thymosin beta-4 "as no other available form of thymosin would have provided Mr Dank's desired results" in terms of player recovery benefits.
Dank is expected to launch legal action against Charter this year, as well as individuals from the NRL, AFL, ASADA and major media outlets. He has already won a defamation case against News Corp for $50,000.
As the supplements saga rolls on, player agent Peter Jess has recommended the 34 players consider criminal action against Dank. Jess has sought legal advice from a leading barrister over whether Dank could be hauled before a court and compelled to explain his actions.
Jess, who said the barrister wanted to remain anonymous at this time, has provided Fairfax Media with documents outlining a potential assault case.
The document alleges Dank could be prosecuted for assault under the Victorian Crimes Act 1958.
"Assault means the direct or indirect application of force by a person to the body of, or to the clothing or equipment worn by, another person, where the application of force is: without lawful excuse ... application of matter in solid, liquid or gaseous form," the document states.
The barrister states: "It would seem on the above mentioned and in the circumstances, that Stephen Dank would be guilty of assault. He also could be guilty of 'recklessly wounding or inflicting serious grievous bodily harm' on the players, as section 17 of the Victorian Crimes Act states".
http://www.theage.com.au/afl/afl-news/essendon-34-new-twist-as-stephen-dank-to-argue-he-did-not-send-shane-charter-to-china-20160130-gmhn50.html
