ASADA’S bid to force two key witnesses to front the AFL tribunal will be heard by the Victorian Supreme Court tomorrow morning.

Lawyers for the Australian Sports Anti-Doping Authority will front the court at 10am seeking subpoenas against Shane Charter and Nima Alavi.

If ASADA fails to convince a judge to grant the subpoenas the case against the 34 former and current Essendon players accused of doping could collapse.

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But ASADA last night told the Herald Sun it was “ready to present its case”.

“Our preference is for potential witnesses to provide first hand evidence in person, before a tribunal,” an ASADA spokesperson said.

The anti-doping agency conceded at a directions hearing on Monday that Charter and Alavi would not voluntarily attend this month’s AFL anti-doping tribunal hearings.

The tribunal will begin to hear evidence on December 15.

One lawyer close to the case said the anti-doping agency’s bid for subpoenas was unprecedented, adding: “ASADA has run into a brick wall as to how they’re going to run their case and they’re going outside their usual behaviour.”

The subpoenas will be sought under a provision of the Commercial Arbitration Act.

media_camera Pharmacist Nima Alavi is a key ASADA witness in its case against Essendon players.

It will be up to the court to decide whether Charter and Alavi can be compelled to appear and answer questions in an AFL anti-doping tribunal case.

Charter is the biochemist ASADA claims supplied the banned peptide Thymosin beta-4 to former Bombers sports scientist Stephen Dank in 2012 and Alavi the pharmacist who allegedly compounded the drug.

Without their evidence — and the opportunity for the players’ lawyers to cross-examine them — ASADA’s case will be difficult to substantiate.

Attempts by ASADA to rely solely on transcripts of interviews with Charter and Alavi last year will be rejected by lawyers for the players.

Neither Alavi nor Charter have signed affidavits regarding their knowledge or involvements in Essendon’s 2012 supplements program.

Dank has point-blank refused to co-operate with ASADA’s investigations.

Experts in sports law told the Herald Sun the move to subpoena Charter was unprecedented.

“It’s never happened in a tribunal case ever before,” said one lawyer.

Some experts said that any Supreme Court order could only force the witnesses to attend — not to answer questions.

media_camera Shane Charter is facing separate criminal proceedings over allegations he trafficked steroids. Picture: Norm Oorloff

They also query whether the Commercial Arbitration Act can be applied in this case.

Charter met with his own lawyers about the subpoena on Monday.

ASADA has been seeking a sworn statement from him for several weeks and last week offered to fly their general counsel to Melbourne for a last-ditch meeting.

Charter has not supplied a sworn statement.

However, he has not explicitly told ASADA he would not do so in future.

He claims to have new evidence which he is considering including in a “tell-all” documentary about the saga.

Underworld figure Mick Gatto has been shopping for media deals on his behalf.

Charter is facing separate criminal proceedings over allegations he trafficked steroids.

Originally published as Wednesday ruling for ASADA witnesses