All media will be banned from the AFL ASADA hearings following the request of 32 former and current Essendon players involved in the doping scandal
Pharmacist Nima Alavi. Source: News Corp Australia
JUSTICE Clyde Croft will deliver his verdict on ASADA's Supreme Court bid to force witnesses to give evidence to an AFL tribunal on Friday.
ASADA and AFL lawyers spent today laying out their case as to why biochemist Shane Charter and compounding pharmacist Nima Alavi should be compelled to attend the AFL Anti-Doping Tribunal hearing of charges against the Essendon 34, which is due to begin on Monday.
ASADA'S JOB LURE TO STAR WITNESS
MEDIA BANNED FROM DOPING HEARING
Dan Star for ASADA said ASADA's case was that Charter had sourced banned peptide Thymosin beta-4, Alavi had prepared it for injection and that Stephen Dank, the former Essendon support person also charged with anti-doping offences, administered it to the players.
Star argued the AFL was a commercial business which has contractual power over the players, but not as their direct employer.
On that basis, said Star, the court could order Charter and Alavi be subpoenaed to attend the AFL tribunal under the Commercial Arbitration Act.
Shane Charter has been the subject of a subpoena but he isn't in the Supreme Court. Picture: Nicole Garmston Source: News Corp Australia
He was grilled by Justice Croft about whether the nature of the AFL tribunal legally meets the characteristics of an internationally recognised arbitrary body.
Renee Enbomb for the AFL began outlining her submissions this afternoon.
Alavi's lawyer Tony Rodbard-Bean and David Grace, QC, for 32 of the 34 players will likely address the court tomorrow.
Charter is not represented in the case but filed an affidavit asking that Alavi's submissions be applied to him.
Dank did not appear in court.
The 34 current and former Essendon players face two-year bans if found guilty of using the banned peptide.
Dank could be banned from the AFL for life.
Lawyers for the AFL last week told the court the subpoenas were necessary because "one party might travel overseas to avoid the proceedings".
Yesterday, Herald Sun revealed Charter was offered a potential job by ASADA as it sought to secure his co-operation in the case.
A secret email exchange shows an ASADA investigator discussing enlisting the controversial biochemist to a role with an NRL anti-doping campaign.
"The NRL is looking for a heavy hitting campaign and I have mentioned your worth," ASADA investigator Paul Simonsson wrote in an email to Charter sent on October 5 this year.
AFL legend Leigh Matthews yesterday criticised a ruling that ensures the tribunal hearings into Essendon's 2012 supplements regime will be conducted behind closed doors.
Tribunal chairman David Jones ruled on Monday that the three-week hearing would be confidential to protect the privacy of the players.
Matthews, now a board member at the Brisbane Lions, took to Twitter saying he was "disappointed" with the decision.
"Secrecy and finding the truth (are) rarely great partners," Matthews said.
"Let me add that a closed hearing and cynicism about the justice of the eventual outcome will go hand in hand."
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