The AFL's anti-doping panel technically does not fall under legal jurisdiction, particularly as Alavi and Charter are not contracted employees of clubs and bound to the AFL's laws, but the Supreme Court has sweeping powers and could turn to the Commercial Arbitration Act to make the pair appear. However, this would not force Alavi and Charter to answer questions. A lawyer who has followed the ASADA case closely, but is not directly involved, questioned why Alavi and Charter would want to appear. "I would have thought neither of the two would have any real interest in turning up, apart from grinding a few axes," he said. "Surely ASADA would have got them sworn up to affidavits before they started charging people? "If you were either of those two, and the chemist might be different because he has professional obligations, but if you were Shane Charter why would you cooperate with a tribunal which essentially is a tribunal quite separate to the law of the land? There is nothing in it for you."

Jones has decided that the case will proceed as planned this month for a few days and then resume on January 12 next year. "The hearing of the proceedings was confirmed to commence on December 15, 2014, to continue for a number of days prior to Christmas and then resume on January 12, 2015," Jones said in a statement. "A suitable venue for the hearing is being finalised." Jones said the directions hearing was "productive and able to resolve pre-hearing matters". However, the tribunal has yet to decide whether the case would be heard in camera or be open to the media - but this is expected to be announced next Monday. Lawyers for 32 of the 34 players want the hearing closed. ASADA's case would be weakened by the absence of any evidence from Alavi and Charter, meaning the case against the players could potentially fall over. After Fairfax Media revealed on Monday ASADA's concerns, Charter reportedly said he had never agreed to be a witness or appear before the AFL's anti-doping tribunal.

In a statement, ASADA would only say: "We appreciate your ongoing interest in this but as matters are before the AFL anti-doping tribunal we are unable to comment at this time." Charter, a former bodybuilder, is alleged to have bought the thymosin beta-4 from a Chinese biochemical company GL Biochem and then had it compounded by Alavi. It was allegedly administered to the Essendon players by sports scientist Stephen Dank. Lawyers for the 34 players would want to cross-examine Charter and Alavi should they appear before the tribunal. ASADA's other evidence includes transcripts of interviews with players, coaches and staff. Charter, meanwhile, is due to appear in Melbourne Magistrates' Court on Wednesday where he faces charges for possessing growth hormones and trafficking and possessing steroids in a case not linked to the ASADA probe. He claimed last month there had been "political overtones" to his arrest. ASADA has accused Dank of possessing, administering and trafficking in a banned substance. Dank has refused to be interviewed by ASADA and won't appear before the AFL's anti-doping tribunal, but maintains the peptides given to him by Alavi were destroyed by sunlight and not used.

ASADA must prove to a "comfortable satisfaction" that the players were given a banned substance. The majority of the players have already begun provisional suspensions but they can still train at the club during this phase. The Bombers maintain the players were administered thymomodulin, a permitted thymosin peptide, and not thymosin beta-4. As revealed by Fairfax Media, former Essendon fitness chief Dean "The Weapon" Robinson, who recently settled a $1 million unfair dismissal case against the Bombers, would be prepared to give evidence on behalf of the players - if asked. Robinson was extensively interviewed by ASADA. The AFL had alleged in its charge sheet last year that Robinson had "highly recommended" Dank to the Bombers. Robinson maintains he was not involved in anything illegal but "what happened behind closed doors, that I wasn't privy to, I can't talk to that".