ASADA suffers setback before AFL hearing

Former Australian anti-doping boss Richard Ings calls it a one-all scoreline between ASADA and the Essendon players, with the penalty shootout to come.

The AFL anti-doping tribunal hearing starting on Monday will now show whether ASADA’s confidence in its case without key witnesses Shane Charter and Nima Alavi is justified.

Ings noted that while ASADA had a big win in the Federal Court three months ago, Friday’s Supreme Court verdict was undoubtedly a setback.

“So by my count it is ASADA 1 Players 1,” said Ings on Twitter.

“Roll on the penalty shoot out starting 15 December.”

Supreme Court Justice Clyde Croft ruled against the anti-doping body’s application to issue subpoenas that would have compelled Charter and Alavi to appeared at the hearing, which starts on Monday.

“The decision of the Supreme Court today can only be viewed as a setback for ASADA in presenting its allegations of possible anti-doping rule violations before an AFL tribunal,” Ings told AAP.

A week ago, ASADA chief executive Ben McDevitt said that having the pair appear at the hearing was preferable, but not essential to its case.

“I guess time will tell whether that is indeed the case,” Ings said.

In September, the Federal Court ruled that the joint ASADA and AFL investigation into Essendon’s controversial supplements program was lawful.

The verdict was a massive blow to the Bombers and coach James Hird.

While Essendon accepted that verdict, Hird has appealed and is awaiting the result.

The AFL Players Association played a straight bat to Friday’s Supreme Court verdict.

It is supporting the 34 current and past Essendon players who will plead their collective case before the anti-doping tribunal.

“The players’ legal team attended the Supreme Court this morning to receive the court’s ruling on the subpoena issue,” association chief executive Paul Marsh said in a statement.

“We look forward to the matter commencing on the 15th December, as scheduled.”

ASADA was yet to comment on Friday’s verdict.

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