Stephen Dank. Credit:Getty Images "He is quite happy to go before the tribunal. He believes once his evidence is heard, there will be no case that there was doping," Hardie told Fairfax Media. Dank has maintained he has records that will clear the Bombers, their players and James Hird of any wrongdoing. Dank wants to give evidence in an open tribunal, with 32 of the 34 players and the Australian Sports Anti-Doping Authority pushing to have the case heard in camera. An unnamed Essendon support person - almost certainly referring to Dank - was mentioned during a 50-minute hearing at the Supreme Court on Wednesday where ASADA sought to have its two star witnesses, biochemist Shane Charter and compounding pharmacist Nima Alavi, compelled to attend the AFL's anti-doping tribunal.

Daniel Star, a lawyer for ASADA, said the governing body had only become aware last Friday that the pair would not attend and would not sign off on their evidence. The case was adjourned until next Wednesday, when ASADA and the AFL will argue before Justice Clyde Croft that a subpoena must be granted under the Commercial Arbitration Act, forcing the pair to give evidence. One reason for the extension was because ASADA had not been able to serve notice of the latest court action on Dank, who was a party to the anti-doping tribunal proceedings. Charter, who was not represented in court, has also not been served. It's understood ASADA is also seeking a subpoena to force Dank to hand over business records pertaining to the peptides he had bought through his private clinic. Alavi's lawyer Tony Rodbard-Bean maintained a subpoena should not be granted against his client and said ASADA was to blame for the mess it found itself in.

"It must have been contemplated that material witnesses may or may not co-operate. We do not wish to be trampled on by the AFL and ASADA trying to get their house in order," he said. Outside court, a defiant Charter said he would not front the anti-doping tribunal unless legally required to. He could yet front but not answer questions. He also opened up about the toll the saga had taken on him. "If there is a street brawl out here and you have got a family with you - two people trying to kill each other - are you going to jump in or are you going to stand back on your own?" he said. "I have been beaten up, [received] death threats, robbed, had significant financial hardship due to this. I am still incurring massive legal costs. It's not my fight. Do you jump in or stand back and protect your own?" Charter sourced the raw peptides which were given to Alavi to be compounded. However, Dank later said the banned peptides, which he had taken to be tested, had been destroyed by sunlight.

"I made it clear when I provided the thymosin beta-4 that it was for research purposes - not for human use," Charter said. Asked whether the thymosin beta-4 he had sourced from China had been given to the Bombers, Charter replied: "Steve Dank, myself and Nima had a meeting that listed about 15 peptides that were required to fill various orders, and TB4 was on that list. That order was placed as a bulk order to fill various supplies." When pressed, he replied: "Having access to a range of interviews that transpired and looking at the transcripts of those, I have formed a view but, again, my legal counsel has said just to keep that to yourself at this point of time." Charter said he no longer spoke with Dank, whom he claimed was the key witness ASADA needed to grill. "Why subpoena me? Why not subpoena the missing link in this investigation, that being Stephen Dank? It doesn't make sense," he said.

Justice Croft said the issues were complex, including whether the anti-doping tribunal could fall under commercial arbitration laws, and he may not be able to find a resolution next week. This could mean the full hearing of the case is postponed until after Christmas, with the fall-out potentially overshadowing the start of the 2015 season.