Charter defiant as ASADA subpoena delayed

A key witness in ASADA’s case against Essendon says he will not be forced to give evidence as the anti-doping body sought an urgent court order to compel him to testify.

Shane Charter says he will do what is legally required, but the Australian Sports Anti-Doping Authority is unlikely to get the information it needs if it compels him to give evidence.

“I’ll do what’s legally required, however you back someone into a corner and you’re probably not going to get a positive outcome,” Charter said.

The anti-doping body appeared in the Victorian Supreme Court on Wednesday morning seeking subpoenas to force Charter and Nima Alavi to give evidence before the AFL anti-doping tribunal.

Charter was not represented at the hearing, however he was sitting in court for some of the submissions.

Justice Clyde Croft adjourned the matter until December 10 – five days before the hearings against 34 Essendon players are due to begin – saying it was important all respondents be given the chance to be heard.

“The sanctions for disobedience to a subpoena are very severe,” Justice Croft said.

Speaking outside the Melbourne Magistrates Court earlier, Charter said ASADA only asked him to appear as a witness three weeks ago, some 18 months after the saga began.

If he and Alavi do not give evidence, it will blow a hole in ASADA’s case.

A lawyer for ASADA told the Supreme Court they had only become aware on Friday that Charter and Alavi were no longer prepared to give statements before the tribunal.

“There’s a real issue of urgency that gives rise to this application,” ASADA’s lawyer told the court on Wednesday.

Charter, 46, was also due to appear in the magistrates court on charges of trafficking and possessing steroids and possessing a schedule four poison the same time the subpoena application was being heard.

Speaking outside the lower court he accused ASADA of making changes to the statement he made to authority.

“I come from a sporting background and I don’t mind having a fight here and there, and so this is round one over in the courts today,” he said.

“If they get the ability to subpoena, good luck with round two.” If the 34 Essendon players are found guilty of the charges against them they face suspensions of up to two years.

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