The lawyer for a key witness in ASADA’s anti-doping case against Essendon players will still be fighting a subpoena only days before the AFL tribunal hearing is due to start.
The barrister for compound chemist Nima Alavi, Tony Rodbard-Bean, said he was not given enough time to respond to affidavits filed in the Victorian Supreme Court as ASADA sought to subpoena his client.
The Australian Sports Anti-Doping Authority was back in court on Wednesday seeking subpoenas that would compel Shane Charter and Mr Alavi to give evidence when the anti-doping hearings begin next week.
The tribunal, which will conduct a closed hearing, will rule on anti-doping infraction notices against 34 current and past Essendon players.
Mr Rodbard-Bean said he could not answer assertions that were only sent on Tuesday night, and it was agreed he would have until Thursday morning to respond.
The subpoena hearings are expected to run until Thursday afternoon, four days before the tribunal begins hearings on Monday.
ASADA lawyer Dan Star said it was an urgent case and everything was being done on an urgent basis.
“There can be little doubt Charter and Alavi are material witnesses,” Mr Star said on Wednesday.
“Players wish to cross-examine these persons.”
ASADA says the court should grant the subpoena under the Commercial Arbitration Act.
Mr Star told the court the AFL was a commercial enterprise and the players were participants of that business.
They were obliged to compete in Australian football in accordance with its laws, Mr Star said.
“The integrity of the game is important for that business,” Mr Star said.
He said players’ obligations extend to abiding by anti-doping rules.
Mr Alavi and Mr Charter were not in court and Mr Charter was not represented.
However, Mr Charter provided the court with an affidavit stating he was adopting Mr Alavi’s position.
The hearing continues.
Redb
Roar Guru
Thrown out on their Ar$e.
Mister Football
Roar Guru
I'm not sure if this has been mentioned anywhere on the Roar, but ASADA lost its Supreme Court action, meaning it must present whatever evidence it has to the AFL anti-doping tribunal, commencing on Monday, without two of its witnesses appearing in person.
Mister Football
Roar Guru
I'm not really sure if Ian is correct on the players being able to appeal to the AAT. The AAT is only an option at the point where the ADRVP enters an athlete's name on the Register of Findings. The AFL tribunal itself has an appeals process, and after that, there's the CAS.
conchie
Roar Rookie
I bow to his knowledge, education, experience and reasonableness to yours 24/7
Ian Whitchurch
Guest
Bruce "Rasonable Man" Francis, who based much of his argument on "1. As ASADA hasn’t issued any infractions against the Essendon players the implication in these colourful words appears to be wrong." ?
conchie
Roar Rookie
Ian is about wrong as it can possibly get, i suggest he reads up on Bruce Francis ( ex test cricketer) to have some sort of understanding. AR might do himself a favour as well.
Casper
Guest
Yeah, he was spot on about AOD9604 as well wasn't he? Lol.
AR
Guest
Yep. Ian gets it.
Ian Whitchurch
Guest
Wrong. ASADA are trying to force Charter and Alavi to testify, so players - once banned - cannot argue that they were denied natural justice in being unable to cross-examine witnesses. If ASADA is unsuccessful, then they'll simply be presenting all their Charter and Alavi documentation to the tribunal, and if there is a natural justice appeal to the AAT, they will argue they did everything they legally could to get Charter and Alavi there to testify.
conchie
Roar Rookie
"ASADA lawyer Dan Star said it was an urgent case and everything was being done on an urgent basis" So, it is urgent now, but ASADA sat on their hands for a year, forgot to get sworn statements from witnesses and now appear to be just wasting more time and hundreds of thousands of taxpayer $$ attempting to force people to appear who according to BM are not really needed. If forced to go witnesses are under no obligation to say anything anyway. What a absolute farce.
Gyfox
Guest
ASADA....the gift that keeps on giving. But not under this year's Christmas tree!