World Anti-Doping Agency (WADA)
IN PHOTO: Participants talk before the start of the World Anti-Doping Agency (WADA) Symposium for Anti-Doping Organizations in Lausanne March 24, 2015. Some 450 participants from International Sport Federations, national and regional Anti-Doping Organizations and Major Event Organizers will meet to share their experience and knowledge less than three months following the coming into force of the 2015 World Anti-Doping Code. REUTERS/Denis Balibouse

The Australian Sports Anti-Doping Authority has pursued to re-run the charge against sports scientist Stephen Dank, who was banned for life from AFL by the league’s Anti-Doping Tribunal after administering Thymosin Beta-4 to Essendon players. Dank notified AFL on Monday about his intention to appeal his lifetime ban after orchestrating the use of the banned drug to 34 current and former Bombers.

ASADA has urged to re-prosecute the Gold Coast scientist before the AFL Appeals Board when Dank appealed the 10 guilty charges handed to him by the Anti-Doping Tribunal of the league. The anti-doping watchdog has effectively re-launched a host of serious charges against Dank regarding the use of the banned drug, according to the reports of Herald Sun. ASADA chief executive Ben McDevitt said that the anti-doping organisation will “actively participate” in Dank’s plea and urge the latter to submit to cross-examination in the appeal.

“ASADA will actively participate in the appeal, and has requested that Mr Dank make himself available for the purposes of cross-examination,” McDevitt said. “We look forward to the opportunity of finally being able to cross-examine Mr Dank and any of his other witnesses.”

However, according to the reports of the Australian, ASADA’s application to re-run the case against the sports scientist would delay the World Anti-Doping Agency’s pursuit of Essendon footballers. WADA’s standing to bring an appeal against 34 current and former Essendon players before the Court of Arbitration for Sport might weaken with ASADA-Dank case heard before the AFL Appeals Board.

The report from the Australian explained that WADA has no business appealing to CAS while ASADA and Dank are set to have the hearing before the AFL Appeals Board. WADA decided to appeal the case to CAS after 34 footballers, who took Thymosin Beta-4 as part of Essendon’s 2012 supplements program, were cleared by AFL’s Anti-doping tribunal.

Under the AFL anti-doping code, WADA can effectively bypass the league’s internal appeal provisions and make a direct petition to CAS. However, the code also contains a significant stipulation which explains that WADA can only go directly to CAS in cases where “no other party has appealed a final decision within the process set out in this code.” Therefore, as long as the matter is still being heard by the AFL’s internal board, WADA cannot make an appeal straight away to CAS.

ASADA has requested for the hearing to begin on September 14, although Dank’s lawyer Raed Rahal has hinted earlier this week that it would take months before the appeal could be run, as noted by the Age. The Australian biochemist has refused to be interviewed by ASADA since the banned drug issue was made public in February 2013.

For comments about the story, email the writer at kit.bernal1013@gmail.com.

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