Stephen Dank found not guilty of Thymosin Beta 4 charges

By The Roar / Editor

Sports scientist Stephen Dank has been found not guilty of three charges related to banned substance Thymosin Beta 4 by the AFL Anti-Doping Tribunal.

Dank was found guilty on ten other charges.

The tribunal was reportedly not satisfied that Dank was guilty of administering or attempting to administer Thymosin Beta 4. He was also found not guilty of assisting, encouraging, aiding, abetting or covering up the administration of the banned substance to Essendon players during his time at the Bombers in 2012.

Dank has been at the centre of Essendon’s controversial supplements program in 2012 since ASADA and the Australian Crime Commission made the announcement in 2013.

He said in an interview to Fairfax Media that he had administered the players Thymosin Beta 4, but later clarified that he was referring to the drug known as Thymomodulin, which is not banned under the WADA code.

Thymosin Beta 4 is banned under the WADA code.

The tribunal’s decision follows the call made last month to clear 34 current and former Essendon players of taking the peptide. The tribunal found there was insufficient evidence presented by ASADA that the players were administered the drug.

ASADA has been waiting for the Tribunal’s verdict on Dank to see whether they would appeal the decisions. They have until Tuesday to decide on whether they will appeal the verdict of the Tribunal. WADA also have a right to appeal the judgement.

Patrick Keane from the AFL made the following statement:

“AFL Anti-Doping Tribunal Chairman David Jones today notified the AFL of the decision involving the Essendon FC support person [Dank].”

“The Tribunal has found that the former Essendon support person has been found guilty of 10 breaches of the AFL Anti-Doping Code.

“The breaches include trafficking, attempting to traffick and complicity in matters related to a range of prohibited substances.

“A hearing on sanction will be held on Tues May 5, 2015.”

The hearing to decide the sanctions will be held on May 5.

Full statement from the AFL:

The AFL General Counsel Andrew Dillon today received the decision of the AFL Anti- Doping Tribunal this afternoon, in the matter of the former Essendon Football Club support person.

The Tribunal has found that the former Essendon support person has been found guilty of 10 breaches of the AFL Anti-Doping Code.

The breaches include trafficking, attempting to traffick and complicity in matters related to a range of prohibited substances.

The prohibited substances are:
· Hexarelin
· Humanofort – namely Insulin Growth Factor 1 (IGF-1), Insulin Growth Factor 2 (IGF – 2), Mechano Growth Factor (MGF), Fibroblast Growth Factor (FGF), Follistatin and Thymosin Beta 4
· CJC-1295
· GHRP6
· SARMS

Mr Dillon said the Tribunal had advised the AFL a decision on sanction would be made at hearing on Tuesday May 5.

Mr Dillon said the case had been the most complex ever tried by the AFL Tribunal and, on behalf of the AFL, he wished to thank the Tribunal Chairman, David Jones, and members John Nixon and Wayne Henwood for their work.

“The circumstances surrounding the case have been extremely difficult, given the amount of information and the number of parties involved, and the professionalism and diligence of the Tribunal has been greatly appreciated by the AFL.”

The Crowd Says:

2015-04-18T00:45:09+00:00

skeptical mullet

Guest


Correct Smokey. That is what is lost in all of this. As Demetriou has said since his departure the whole saga was probably politically instigated-by an unpopular government in an election year. Since that fateful press conference we have seen all parties involved scrambling to protect their 'brand'. We have learnt of government collusion, skewing of evidence, lies and even intimidation. None of that seems to matter, certainly not to the general public whose petty 'tribalisms' inform them where 'guilt' should be apportioned. Livelihoods and reputations have been damaged-sacrificial lambs to appease the 'brand'. A senate inquiry is a must.

2015-04-17T21:33:21+00:00

Radelaide

Guest


Evidence of Illegal substances were found in Essendon fridges but no evidence of being administered to players due to key people keeping quiet and paperwork not being found, mafia code of omerta comes to mind.

2015-04-17T14:50:23+00:00

Smokey

Guest


No JB, Means exactly the same thing. Look it up.

2015-04-17T14:21:13+00:00

Smokey

Guest


The problem was persuing and charging the players BEFORE they had any evidence.

2015-04-17T13:51:57+00:00

yewonk

Guest


Ahh right dishonesty is a social problem not just afl.

2015-04-17T13:33:01+00:00

AL

Guest


This whole saga has a stench drifting up to high heaven. Funny how the documents got lost??? This is like most cases in AFL, it happen, but it didnt really happen.

2015-04-17T12:57:22+00:00

Mister Football

Roar Guru


One of the complications about the whole tribunal stage, and I'm not really 100% sure why this eventuated in this manner, but Dank's charges were heard simultaneously with the charges of the 34 players. Why is that an issue? Because the bulk of the charges made against Dank actually were not connected with the EFC (two other footy clubs, and at least one other sport were involved), furthermore, most of the charges against Dank didn't actually involve TB4. If that wasn't a sufficient complication, Dank partly owns a company which sells all of this stuff to the general public, and it would appear that it does so legally. So why were Dank's charges heard at the same time as those of the 34 players? Just one more aspect of this saga to which none of us can have a satisfactory answer.

2015-04-17T12:03:38+00:00

Joe Frost

Editor


Right you are - have changed.

2015-04-17T11:27:27+00:00

Shaw

Roar Rookie


Which is different to the dishonest circus of politics, religion, business, art or any other human endeavour in what way?

2015-04-17T10:53:45+00:00

Nicko

Guest


So Dank has been found to have a whole cocktail of illegal substances; he gave them to carlton, a baseball club and who knows who else...but definitely not Essendon. The tribunal is a joke. "not guilty of assisting, encouraging, aiding, abetting or covering up the administration of the banned substance to Essendon"...I thought that they couldn't be sure what was given...so how can they be sure that he is not guilty...surely, the best that they can say, is that there is no proof that he did anything wrong...

2015-04-17T10:05:12+00:00

Mister Football

Roar Guru


ASADA went thorugh the correct process in getting this to the AFL anti-doping tribunal. However, I do have some concerns: 1. ASADA's own in-house counsel advised McDevitt against proceeding; 2. ASADA failed to get sworn statements from their key witnesses; and 3. in the end, the evidence presented to the tribunal was well, well short of the requisite standard. I appreciate people still have concerns about EFC's governance, but the AFL already clobbered the club for that.

2015-04-17T09:57:10+00:00

yewonk

Guest


What do you guys reckon for a settlement andrew d got 2 million what will dank get?

2015-04-17T09:45:36+00:00

AB

Guest


I agree MF, that the tribunal couldn't have convicted the players on the available evidence. My concern is that so much evidence appears to have been misplaced, destroyed or withheld. It's not credible to suggest that there were no records of what the players were injected with. Indeed it's totally fanciful. So what happened to those records? And why did everyone who could've shed light on the matter refuse to give evidence? Don't get me wrong, I'm not for a moment suggesting that the tribunal made the wrong decision. Under the circumstances, they made the only decision they could. But what I object to are the suggestions that ASADA and the AFL were wrong to pursue the case in the first place. There were strong indications that PEDs had been administered to the players and even stronger indications that those involved in the program were more interested in covering their tracks than in helping to clear up reasonable questions about the program. Given these circumstances, there were - or should have been - alarm bells going off all over the place. The fact that, in the end, the evidence couldn't secure a guilty verdict doesn't mean that the case should never have been pursued. And it certainly doesn't mean that Hird and the players have been 'vindicated', as some on this site have tried to suggest.

2015-04-17T09:42:06+00:00

yewonk

Guest


Were they tipped off by the afl , mr demitriou and his little phone calls, mrs hird thinks so.

2015-04-17T09:28:25+00:00

Mister Football

Roar Guru


It was widely known that Dank dealt in a range of prohibited substances, in fact, his company continues to sell them online to the general public. However, the charges against the EFC players were specifically about the use of TB4 and ASADA were incapable of presenting any evidence of use to the tribunal.

2015-04-17T09:25:31+00:00

AB

Guest


To be fair to the tribunal, it seems that someone went to great lengths to conceal the evidence of what happened at Essendon in 2012; and there wasn't enough evidence left to prove one way or the other what the players were injected with. Indeed that was the entire basis of the players' defence - "we have no idea what was in those injections so you'll never know either, and therefore you can't prove it was a banned substance. Oh, and please ignore all the circumstantial evidence that it was TB4." In that context, the tribunal had little choice. You can't prove something if the cover-up is good enough. The only real unanswered question is who did the covering up; and we may never even know that.

2015-04-17T09:15:47+00:00

AB

Guest


So he's been tried and found guilty on the evidence, but you still think there's no evidence?

2015-04-17T09:15:42+00:00

DiscoDave

Roar Rookie


I am very much in favour of the presumption of innocence. I accept there is insufficient evidence to prove any wrong doing. BUT.......To my understanding these are the facts that are not in dispute: 1. Essendon systematically injected players with a substance in order to improve performance 2. Players had no real understanding of what they were being asked to take 3. Many at the club assumed everything was above board but made no real investigation to be sure 4. It's still unclear which players took which supplements and when. Surely to God this is not an ethical, moral or professional way for a club to treat its players......especially when many are young men who put their trust in the club to take care of their welfare. This would never be allowed to occur in another industry.

2015-04-17T09:11:13+00:00

JB

Guest


Watch your headlines Roar - there is a very big difference between Innocent and Not Guilty

2015-04-17T08:56:03+00:00

Bill Walker

Guest


What a joke the AFL tribunal are, they find Dank guilty of having all those substances, yet expect people to believe that he didn't give any of it to the Essendon players

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