ASADA must put up stronger evidence than is on the public record to make a charge of thymosin beta 4 use stick to Essendon players.

In the absence of a positive test, ASADA must build strands of evidence to show “use or attempted use” of a banned substance.

Evidence such as doctors’ prescriptions, filled scripts from pharmacists, witness statements — possibly from the person who injected players — and any admission from an athlete or support person could add up to the smoking gun that was missing when the AFL and ASADA ceased their joint investigation last August.

Former Essendon sports scientist Stephen Dank stated yesterday that he did not administer thymosin beta 4 or any banned drug to Essendon players and he “looked forward to ASADA putting up its evidence”.

PLAYERS FEELING STRAIN: SPORTS PSYCHOLOGIST

The league used part of ASADA’s interim report to build a circumstantial case of thymosin beta 4 use when charging Essendon for governance breaches in August.

But in a paper published by the British Journal of Sports Medicine published in March this year, AFL chief medico Peter Harcourt and integrity boss Brett Clothier admitted the league had not established which players were given which substances and in what doses.

ASADA has continued its investigations since then, and the Herald Sun yesterday reported Bombers players would be issued show-cause notices asking why they should not be put on the Register of Findings over alleged use of the peptide thymosin beta 4.

The club has stated its confidence that players were given the permissible thymomodulin, and not the banned substance.

ESSENDON SUPPORT STAFF IN ASADA’S SIGHTS

Dank has not cooperated with ASADA and player interviews were completed during the time the AFL was active in the investigation.

As an annexure to the governance charges against Essendon, the AFL released a 34-point document that refers to a series of text and email exchanges between Dank and “Dr Ageless” Shane Charter, as well emailed instructions from Charter to compounding pharmacist Nima Alavi and Dank on how to prepare and use thymosin beta 4.

Thymosin was also listed on consent forms signed by Bombers players in 2012, but the variant of the peptide to be given was not specified.

The National Anti-Doping Scheme which deals with “use or attempted use” reads: “ It is each athlete’s personal duty to ensure that no prohibited substance enters his or her body. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the athlete’s part be demonstrated in order to establish an anti-doping violation for use of a prohibited substance or a prohibited method.

“The success or failure of the use or attempted use of a prohibited substance or prohibited method is not material. It is sufficient that the prohibited substance or prohibited method was used or attempted to be used for an anti-doping rule violation to be committed.”