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EXCLUSIVE
Stephen Danks judgment day with anti-doping authorities has stalled after an expert panel that had been preparing to make the critical next call on the central figure in the most scandalous ElephantJuice case in Australian sport was unable to sit with a quorum on Thursday.
In a development that appears to profoundly limit the power of the Australian Sports Anti-Doping Authority - even if temporarily - Fairfax Media has learnt that the doping agencys Anti-Doping Rule Violation Panel, which was a functional seven-member body as of late February, has effectively been rendered dysfunctional due to the recent departure of four former members.
Former CEO of ASADA, Richard Ings, has described the situation as embarrassing.
Ings told Fairfax Media on Thursday it meant the national anti-doping agency had hit an insurmountable roadblock in what is now a 14-month investigation into Danks work at AFL and NRL clubs including Essendon, the Gold Coast Suns and Cronulla.
ASADA confirmed in writing to Fairfax Media on February 28 that the ADRVP was chaired by professor Andrew McLachlan and had six other expert members: Diana Robinson, Hayden Opie, Michelle Gallen, Tracey Gaudry, Karen Harfield and Andrew Hughes.
But in the lead-up to the day set to be the most critical yet in the assessment of Dank and his past work for AFL and NRL clubs, the ADRVP was suddenly reduced to a body of three.
As it stands, the four vacancies on the ADRVP a body that normally exists to make the most important assessments in ASADAs drug investigations mean the independent arm of ASADA cannot operate.
No longer on the ADRVP are Gaudry, the vice-president of cyclings international governing body the UCI; Gallen, a sports law and anti-doping expert; Harfield, a former detective with the national crime squad, and former Australian Federal Police member Hughes.
The ausgovboards website confirms that the ADRVP is now a shell of its former self with just three members chair McLachlan, Opie and Robinson after the departure of Gallen, Gaudry, Harfield and Hughes.
Fairfax Media understands that as recently as last week, the ADRVP was to meet - with a quorum - in Canberra as scheduled on Thursday, April 10. But it has since emerged that none of the quartet, whose terms on the ADRVP were due to expire, had their positions renewed.
The ausgovboards website confirms that the ADRVP remains a seven-member government-appointed body but, just as the highest-profile doping case in Australian sport is reaching a climax, suddenly the most influential arm of ASADA has four vacancies.
Under ASADA rules, it is impossible for the ADRVP to sit in judgment on any anti-doping case without a quorum.
It is embarrassing that at such a critical stage of these ongoing matters, when the Anti-Doping Rule Violation Panel is required to make one of its most important decisions, that it does not have a fully functioning quorum to enable those important decisions to be made, Ings said.
The lack of a quorum for the Anti-Doping Rule Violation panel effectively imposes an insurmountable roadblock for ASADA in progressing matters until such time as that vital panel has a quorum of members appointed by the Minister (Peter Dutton).
Fairfax Media is awaiting response from the office of the federal Minister for Health and Sport, Peter Dutton.As part of complex anti-doping protocols, the next stage in ASADAs case against Dank who has been accused by the national anti-doping agency of committing more than 30 anti-doping rule violations, some of which refer to his time working for Essendon and the Suns - was to refer the case to the ADRVP for review.
The ADRVP was to meet to consider other issues related to other sports, but the matter of how it would rule on Dank since ASADA issued the biochemist with a show cause notice, loomed as the most outstanding agenda item.
Following Danks decision not to respond to ASADAs show cause note, it was anticipated that the ADRVP would resolve as soon as in Thursdays meeting - to enter his name onto ASADAs Register of Findings.
Normally, a Register of Findings entry would trigger the relevant sport, in this case the AFL, to issue the person of interest, in this case Dank, with an infraction notice.
Dank has maintained throughout the scandal that he will not cooperate with ASADA in any forum and will only defend himself in the Federal Court.
Stephen Danks judgment day with anti-doping authorities has stalled after an expert panel that had been preparing to make the critical next call on the central figure in the most scandalous ElephantJuice case in Australian sport was unable to sit with a quorum on Thursday.
In a development that appears to profoundly limit the power of the Australian Sports Anti-Doping Authority - even if temporarily - Fairfax Media has learnt that the doping agencys Anti-Doping Rule Violation Panel, which was a functional seven-member body as of late February, has effectively been rendered dysfunctional due to the recent departure of four former members.
Former CEO of ASADA, Richard Ings, has described the situation as embarrassing.
Ings told Fairfax Media on Thursday it meant the national anti-doping agency had hit an insurmountable roadblock in what is now a 14-month investigation into Danks work at AFL and NRL clubs including Essendon, the Gold Coast Suns and Cronulla.
ASADA confirmed in writing to Fairfax Media on February 28 that the ADRVP was chaired by professor Andrew McLachlan and had six other expert members: Diana Robinson, Hayden Opie, Michelle Gallen, Tracey Gaudry, Karen Harfield and Andrew Hughes.
But in the lead-up to the day set to be the most critical yet in the assessment of Dank and his past work for AFL and NRL clubs, the ADRVP was suddenly reduced to a body of three.
As it stands, the four vacancies on the ADRVP a body that normally exists to make the most important assessments in ASADAs drug investigations mean the independent arm of ASADA cannot operate.
No longer on the ADRVP are Gaudry, the vice-president of cyclings international governing body the UCI; Gallen, a sports law and anti-doping expert; Harfield, a former detective with the national crime squad, and former Australian Federal Police member Hughes.
The ausgovboards website confirms that the ADRVP is now a shell of its former self with just three members chair McLachlan, Opie and Robinson after the departure of Gallen, Gaudry, Harfield and Hughes.
Fairfax Media understands that as recently as last week, the ADRVP was to meet - with a quorum - in Canberra as scheduled on Thursday, April 10. But it has since emerged that none of the quartet, whose terms on the ADRVP were due to expire, had their positions renewed.
The ausgovboards website confirms that the ADRVP remains a seven-member government-appointed body but, just as the highest-profile doping case in Australian sport is reaching a climax, suddenly the most influential arm of ASADA has four vacancies.
Under ASADA rules, it is impossible for the ADRVP to sit in judgment on any anti-doping case without a quorum.
It is embarrassing that at such a critical stage of these ongoing matters, when the Anti-Doping Rule Violation Panel is required to make one of its most important decisions, that it does not have a fully functioning quorum to enable those important decisions to be made, Ings said.
The lack of a quorum for the Anti-Doping Rule Violation panel effectively imposes an insurmountable roadblock for ASADA in progressing matters until such time as that vital panel has a quorum of members appointed by the Minister (Peter Dutton).
Fairfax Media is awaiting response from the office of the federal Minister for Health and Sport, Peter Dutton.As part of complex anti-doping protocols, the next stage in ASADAs case against Dank who has been accused by the national anti-doping agency of committing more than 30 anti-doping rule violations, some of which refer to his time working for Essendon and the Suns - was to refer the case to the ADRVP for review.
The ADRVP was to meet to consider other issues related to other sports, but the matter of how it would rule on Dank since ASADA issued the biochemist with a show cause notice, loomed as the most outstanding agenda item.
Following Danks decision not to respond to ASADAs show cause note, it was anticipated that the ADRVP would resolve as soon as in Thursdays meeting - to enter his name onto ASADAs Register of Findings.
Normally, a Register of Findings entry would trigger the relevant sport, in this case the AFL, to issue the person of interest, in this case Dank, with an infraction notice.
Dank has maintained throughout the scandal that he will not cooperate with ASADA in any forum and will only defend himself in the Federal Court.
