Has been a year or so since I gave Pete a rise so here is the latest from Bruce Francis...dropping bombshells early today....please read and enjoy Pete
Bruce Francis claims WADA perjured itself and the CAS panel covered it up. His latest public email:
Guys,
Last night I was analysing the Court of Arbitration for Sports 16 Strands in the Cable. I was shocked to discover in the first strand that I had missed WADA perjuring itself and I had missed the CAS panel changing a word to cover-up WADA’s perjure.
1. It is incomprehensible that WADA should perjure itself and that the CAS panel was so biased and/or corrupt in agreeing with WADA’s lie. In strand one, the CAS panel unambiguously stated that: “The Australian Administrative Appeals Tribunal (AAT) in a decision dated 31 December 2014 (Earl and Anti-Doping Rule Violation Panel and Chief Executive Officer, Australian Sports Anti-Doping Authority (Joined a Party) [2014] AATA 968) found EXPRESSLY that Mr Dank, before he joined Essendon, had used TB-4 on a Mr Earl. (my emphasis). My dictionary defines expressly as ‘clearly, unambiguously, explicitly, unmistakenly’.
2. WADA knew, and the CAS panel knew that the Administrative Appeals Tribunal was not empowered to make such a decision.
3. The CAS panel quoted paragraph 106 of the AAT decision. Unconscionably, it deliberately misrepresented the role of the AAT and the words in paragraph 108. Deputy President S E Frost said: “I find it is POSSIBLE (my emphasis) that the applicant [Sandor Earl] committed the non-presence anti-doping rule violations 9 and 10.” [use of prohibited substance Thymosin Beta-4 or attempted use of a prohibited substance Thymosin Beta-4].
4. The AAT was only ruling on whether the Anti-Doping Rule Violation Panel was entitled to rule that it was possible that Earl may have been administered Thymosin Beta-4.
5. The CAS panel deliberately replaced the word ‘possible’ with ‘expressly’.
6. Sandor Earl was a Penrith Panthers National Rugby League (NRL) player. He didn’t play for Essendon.
7. On Wednesday, 14 October 2015, four weeks before WADA began the presentation of its case to the CAS panel, the NRL Anti-Doping Tribunal found Earl guilty of the following:
· Use of CJC-1295 (eight violations)
· Possession of CJC-1295
· Trafficking in Somatropin; Trafficking in Clenbuterol
· Attempted trafficking in Testosterone
8. It is inexcusable that the CAS panel would have as its first ‘strand to the cable’, a totally false claim of an earlier infraction by Dank of administering Thymosin Beta-4 to a professional sportsman.
9. WADA is guilty of perjure, and possibly corruption, in presenting evidence that it knew was wrong. I am comfortably satisfied that the CAS panel committed a greater sin. It changed a word to cover-up WADA’s perjure.
10. A second inexcusable aspect of this ‘strand’ is that the accusation against Dank is based on the purported content of a text that has been altered from the original text.
11. The actual text sent by Dank to Dean Robinson on 2 August 2011 that the panel refers to read:
‘Hi mate. Just in consult for shoulder reconstruction. This case will be of interest to you. We are utilising Thymosin post surgically for one shoulder but prophylactically for the other, Thymosin is so effective in soft tissue maintenance.’
12. WADA submitted the following altered version of the text’s contents to the CAS panel, implying Earl’s name had been included in the text:
‘On 2 August 2011, Mr Dank, in a text message to Mr Robinson, referred to his use of Thymosin for Mr Earl (my emphasis), adding, Thymosin is so effective in soft tissue maintenance.’
13. It would appear that someone at WADA corruptly inserted Earl’s name into the text to advance a case against the 34 Essendon players.
14. The person Dank was actually referring to in the text was a male in his mid-40s, who was not a professional athlete and who Dank was treating at his Medical Rejuvenation Clinic (MRC) as a private patient.
15. Changing the text was corrupt behaviour. Dank could not have been referring to Earl as claimed by WADA. In numerous interviews Earl told the public that he had both shoulders reconstructed in May and June 2011. Dank’s 2 August 2011 text referred to a patient who had only one shoulder reconstruction.
16. I spoke to Penrith Rugby League Club general manager Phil Gould who confirmed not only that the club paid for Earl’s two shoulder reconstructions but that Earl had both operations before the end of June 2011.
17. Even the ASADA website, in its Register of Findings, refers to Earl as having been found guilty of anti-doping violations in relation to four substances, none of them Thymosin Beta-4. For the panel to use the Earl case as compelling evidence that 34 Essendon players took Thymosin Beta-4 is incomprehensible, and deserving of contempt.
18. To present false findings against Earl in making the case against the players means it is impossible to be comfortably satisfied over the reliability of even the ‘facts’ included in the remaining fifteen ‘strands of the cable’, let alone the conclusions reached by the panel.
19. On this ‘strand in the cable’ alone, the judgement of the CAS panel should be voided. And the panel forced to appear before a disciplinary committee.
Regards
Bruce Francis
In no other country has anti-doping been discussed so often by so many. The case for a wide ranging and forward looking anti-doping inquiry is more compelling in Australia than in any other country. Justice for the 34 renews its call for a Senate inquiry into anti-doping with wide ranging terms of reference which allow all sporting bodies, all athletes, and all interested parties to make representations. It's in the national interest.
Further, the only thing necessary for injustices and corruption to get hold and/or spread is for good men to do nothing.
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