Essendon

Essendon doping tribunal: Asada bid to force witnesses to appear is delayed

  • Hearing over subpoena against Shane Charter and Nima Alavi adjourned
  • Judge says witnesses must have chance to explain their case

Asada bid to force witnesses to give evidence

shane charter
Shane Charter arrives at court in Melbourne on Wednesday. Photograph: AAP

Australian Associated Press

Asada’s urgent application to force key witnesses Shane Charter and Nima Alavi to give evidence at the AFL anti-doping tribunal will not be heard until five days before hearings are due to begin.

Amid fears that the long-running case against 34 past and present Essendon players may be about to collapse, the anti-doping body went to the supreme court in Melbourne on Wednesday to obtain a subpoena against the witnesses.

But Victorian supreme court justice Clyde Croft said he would adjourn the application until Wednesday 10 December to allow the witnesses to be heard on the matter.

A lawyer for Asada said that the body 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 said. “We need to secure these witnesses.”

Shane Charter was not represented but he was sitting in court for some of the hearing.

The AFL anti-doping tribunal is scheduled to start hearing the charges against the Essendon players on 15 December.

Alavi and Charter’s decision not to testify before the tribunal leaves a crucial hole in Asada’s case. Without their testimony there are doubts that Asada has any evidence to support the accusations that the players used banned peptides.

Asada’s lawyer told the supreme court that Alavi and Charter were cooperative until last week and the subpoena application was being made at the earliest possible opportunity.

Justice Croft said it was inarguable that respondents be given the chance to be heard.

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

Counsel for the AFL told Justice Croft the matter should proceed as soon as possible as one of the witnesses was a flight risk.

“There’s evidence before the court that one of the respondents has indicated he might travel overseas to avoid the process,” he said.

Tony Rodbard-Bean, for Alavi, said he was seeking as much time as possible and had not yet even seen the draft subpoena.

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