10. OMITTING EVIDENCE

  1. Staffer 7 has distorted the evidence through omission. Charter also requested 10 grams of Thymosin, which Staffer 7 appears to have deliberately left out.

    Alavi’s 29 November 2013 interview with Staffer 7 and Staffer 5 (page 242):

    Transcript

    Staffer 7: “Okay, And the emails that Shane Charter sent over, he’s – and then initially, requested 10 grams of GHRP6, 2 grams of GHRP2, 10 grams of CJC-1295, five grams of Hexarelin, 10 grams of …… 102, five grams of Thymosin beta-4, five grams of ….. growth factor, five grams of AOD and 10 grams of IGF-1.”

    My comment: At page 65, line 33 to page 66, line 13 of ASADA’s expert witness interview transcript, biochemist Shane Charter is taken through the alleged order of peptides. This order includes “Hexarelin, GHRP6, THRP2, CJC-1295, Melanotan 2, 10g of Thymosin and 5g of Thymosin Beta-4(my emphasis). ASADA ignored this irrefutable evidence that Thymosin and Thymosin Beta 4 were different substances.

    Although further proof was not required, it came through a quote for substances to Shane Charter from Chinese substance supplier Mr Xu’s on 16 December 2011. Mr Xu’s table included both Thymosin and Thymosin Beta-4 among the peptides it (G L Biochem) could supply. The two substances are listed with distinct prices – 11,350 renminbi per gram of Thymosin and 9470 RMB per gram of Thymosin Beta-4.

  2. ASADA claimed that “Dank made admissions to Nick McKenzie of the Age that Thymosin Beta-4 was part of his programme at Essendon (as published in The Age on 5 May 2013). ASADA breached its exculpatory obligations by not including an article written on 11 April 2013.

    My comment:There was no such McKenzie article on 5 May 2013.Possibly, ASADA was referring to the Age’s 5 July 2013 article, in which McKenzie was allegedly one of four authors

    i. ASADA was disingenuous and dishonest in using Nick McKenzie’s 5 July 2013 article in making the false claim that Thymosin Beta-4 was part of his [Dank’s] programme at Essendo

    ii. Nick McKenzie interviewed Stephen Dank by phone on 1 April 2013. A column written by McKenzie based solely on Dank’s interview appeared in the Age 11 April 2013. It was a substantial article of 1269 words. The word ‘Thymosin’ was used only twice, with the first mention more than a third of the way in (word 481), and the second time two thirds in (word 927). McKenzie didn’t ask Dank what he used. He asked Dank: ‘Why thymosin peptides were given to players as an immune system booster when there is debate about their effectiveness’. The word ‘Thymosin Beta-4’ was never mentioned in the 11 April 2013 article.

    iii. However, incomprehensively, in the 5 July article, McKenzie and his fellow authors replaced the word ‘Thymosin’ with ‘Thymosin Beta-4’ and dropped any reference to ‘immune system booster’.

It is grossly improper that ASADA referred to McKenzie’s 5 July article rather than the more contemporaneous article of 11 April, or at least refer to it as an incomprehensible inconsistency in McKenzie’s reporting.