20140722 affidavit walker

61
NOTICE OF FILING This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 22/07/2014 3:38:08 PM AEST and has .been accepted for filing under the Court’s Rules. Details of filing follow and important additional information about these are set out below. Details of Filing Document Lodged: Affidavit - Form 59 - Rule 29.02(1) File Number: VID328/2014 File Title: James Albert Hird v The Chief Executive Officer of the Australian Sports Anti-Doping Authority Registry: VICTORIA REGISTRY - FEDERAL COURT OF AUSTRALIA Dated: 22/07/2014 3:56:34 PM AEST Registrar Important Information As required by the Court’s Rules, this Notice has been inserted as the first page of the document which has been accepted for electronic filing. It is now taken to be part of that document for the purposes of the proceeding in the Court and contains important information for all parties to that proceeding. It must be included in the document served on each of those parties. The date and time of lodgment also shown above are the date and time that the document was received by the Court. Under the Court’s Rules the date of filing of the document is the day it was lodged (if that is a business day for the Registry which accepts it and the document was received by 4.30 pm local time at that Registry) or otherwise the next working day for that Registry.

Upload: danielbest

Post on 22-Dec-2015

24 views

Category:

Documents


3 download

DESCRIPTION

James Albert Hird & Essendon FC vs ASADA 2014

TRANSCRIPT

Page 1: 20140722 Affidavit Walker

NOTICE OF FILING

This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 22/07/2014 3:38:08 PM AEST and has .been accepted for filing under the Court’s Rules. Details of

filing follow and important additional information about these are set out below.

Details of Filing

Document Lodged: Affidavit - Form 59 - Rule 29.02(1)

File Number: VID328/2014

File Title: James Albert Hird v The Chief Executive Officer of the Australian Sports Anti-Doping Authority

Registry: VICTORIA REGISTRY - FEDERAL COURT OF AUSTRALIA

Dated: 22/07/2014 3:56:34 PM AEST Registrar

Important Information As required by the Court’s Rules, this Notice has been inserted as the first page of the document which has been accepted for electronic filing. It is now taken to be part of that document for the purposes of the proceeding in the Court and contains important information for all parties to that proceeding. It must be included in the document served on each of those parties.

The date and time of lodgment also shown above are the date and time that the document was received by the Court. Under the Court’s Rules the date of filing of the document is the day it was lodged (if that is a business day for the Registry which accepts it and the document was received by 4.30 pm local time at that Registry) or otherwise the next working day for that Registry.

Page 2: 20140722 Affidavit Walker

Form 59

Rule 29.02(1)

FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY: VICTORIA

DIVISION: GENERAL

AFFIDAVIT

ESSEN DON FOOTBALL CLUB (ACN 004 286 373)

Applicant

THE CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN

SPORTS ANTI-DOPING AUTHORITY

Respondent

AND

JAMES ALBERT HIRD

Applicant

THE CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN

SPORTS ANTI-DOPING AUTHORITY

Respondent

Affidavit of: Aaron Richard Walker

NO VID 327 OF 2014

NO VID 328 of 2014

Address: Level 3, 452 Flinders Street, Melbourne, Victoria

Occupation:

Date sworn:

Contents:

Document Number

Public Servant

22 July 2014

Details

1.

2.

Affidavit of Aaron Richard Walker sworn on 22 July 2014.

Annexure AW-1 being investigation plan.

Filed on behalf of the Respondent, The Chief Executive Officer of the Australian Sports Anti-Doping Authority

Prepared by: Craig Rawson I Christopher McDermott

Australian Government Solicitor.

Address for Service: Australian Government Solicitor, Level 21, 200 Queen St, Melbourne, VIC 3000

[email protected] . . ~/

(/ltjlMUUJI

Paragraph(s) of affidavit referring to annexure(s)

8

Page

1-18

19-50

File ref: 14097050

Telephone: 03 92421248 Lawyer's Email:

[email protected] christopher [email protected]

Facsimile: 0392421333 DX 50 Melbourne

Page 3: 20140722 Affidavit Walker

Paragraph(s} Document

Details of affidavit

Page Number referring to

annexure(s}

3. Annexure AW-2 being pro forma interview pack. 19 51-60

4. Annexure AW-3 being Confidential transcript of the first

32 61-161 interview of lan Robson on 15 February 2013.

5. Annexure AW-4 being Confidential transcript of the

33 162-215 interview of David Evans on 15 February 2013.

6. Annexure AW-5 being Confidential transcript of the

34 216-321 interview of Danny Corcoran on 26 April 2013.

7. Annexure AW-6 being Confidential transcript of the

36 322-619 interview of James Hird on 16 April 2013.

8. Annexure AW-7 being Confidential transcript of the second

55 620-638 interview of lan Robson on 3 May 2013.

9. Annexure AW-8 being the Interim Report. 77 639-1055

I, Aaron Richard Walker of Level 3, 452 Flinders Street, Melbourne in the State of Victoria say on oath:

A. INTRODUCTORY/FORMALITIES

1. I am a public servant, employed by the Australian Sports Anti-Doping Authority (ASADA) as a Principal Investigator based in its Melbourne office.

2. Prior to ASADA I was a Principal Investigator with the Victorian Office of Police Integrity (OPI). The OPI was the oversight body of the Victoria Police. I was employed by the OPI between October 2008 and February 2013. Prior to the OPI I was a Detective Sergeant of the Queensland Police Homicide Investigation Unit, having originally joined the Queensland Police in February 1990. Between 2002 and 2004 I was seconded from the Queensland Police to the Australian Crime Commission as a Senior Investigator. I have significant experience in major complex and protracted criminal investigations.

3. My evidence in this affidavit is based on my own knowledge unless otherwise indicated. Where I discuss conversations or meetings that occurred, I do not now perfectly recollect the exact words said. My affidavit sets out my best recollection of the effect of the words said during those conversations and meetings.

My commencement with ASADA

4. I commenced employment with ASADA on 15 February 2013 in the Melbourne office. I was employed by ASADA as a Principal Investigator to work on "Operation Cobia". Operation Cobia was the code name for ASADA's investigation in possible anti-doping rule violations by athletes and support persons in a number of sporting codes including the Australian Football League (AFL). The AFL limb of Operation Cobia focused in particular on allegations that players and support persons associated with the Essendon Football Club (Essendon) may have used prohibited substances and or prohibited methods as part of their 2012 supplements program (the Investigation).

((3tY;f-n~ A3745625 ! Page 2

Page 4: 20140722 Affidavit Walker

5. Throughout the Investigation in 2013 I was supervised by, and worked closely with, John Nolan. I believe that he ceased to be an ASADA employee at the end of December 2013.

6. I was required to undertake operational activity (that is, interviews) on the Investigation immediately when I commenced work at ASADA. I had very little time to consider ASADA's existing evidential holdings, or even the overall investigation framework. On my first day, I participated with John Nolan in two interviews of two Essendon personnel, Mr David Evans (Chair of Essendon) and Mr lan Robson (Chief Executive Officer of Essendon). One AFL investigator (Abraham Haddad) also participated in each of these interviews. I was expected to, and did, learn about the investigation "on the job".

B. THE ASADA INVESTIGATION AND THE JOINT INVESTIGATION

The ASADA Investigation

7. ASADA's core investigation team was a small team, and comprised John Nolan, Sharon Kerrison, Matt Sheens and myself. I am the only one of these 4 persons who is still employed by ASADA.

8. As I say, the Investigation was already underway when I commenced employment with ASADA. One of the early documents I read was ASADA's investigation plan. Annexed to my affidavit and marked 'AW-1 is a true copy of the 'Investigation Plan, Version l' which I understood, as recorded on it, had been approved by Paul Simonsson, ASADA Director of Intelligence and Investigations (to whom John Nolan reported). The 'interview schedule' was commenced on 26 February 2013. It was a fluid document that evolved upon the identification of new entities to interview. It was predominantly designed as an administrative tool to keep track of the logistics of interviewing a large body of people. This document was contributed to by John Nolan, Sharron Kerrison and Matt Sheens.

9. As and from my first day in the job it was apparent to me that ASADA and the AFL were cooperating together in relation to the ASADA Investigation. I did not immediately consider the basis on which this was occurring. I was aware that ASADA, at that time, had no compulsory powers of its own and was going to obtain information through the use by the AFL of its compulsory powers (which enabled the AFL to compel players and support staff to provide information and documents). I understood that the AFL had agreed to this. But I did not consider, and no one ever told me, that ASADA and the AFL were jointly conducting a single investigation. Rather I understood that we were each working cooperatively to fulfil separate, but overlapping, objectives. I considered that ASADA and the AFL had different, but complementary, roles which were underpinned by shared objectives - preventing and detecting doping violations and thereby ensuring the integrity of sports. My understanding about these matters was reflected on pages 7-9 of the Interim Report (discussed below). This was not necessarily something I had a full understanding of on the day I commenced work, but it is how my understanding of the investigation quickly developed after I started.

A3745625 Page 3

Page 5: 20140722 Affidavit Walker

Not readNot read

Not read

Page 6: 20140722 Affidavit Walker

At each of the interviews I attended (which was approximately 50% of the interviews),

Page 7: 20140722 Affidavit Walker

At each of the interviews that I attended

Page 8: 20140722 Affidavit Walker

At each of the interviews that I attended

Confidential

Confidential

Not readNot read

Page 9: 20140722 Affidavit Walker

30. At each of these joint interviews of Essendon support staff:

30.1. ASADA was represented in the majority of cases by two investigators; and

30.2. the AFL was represented by one investigator.

31. At most, but not all, of the joint interviews of Essendon support staff, the witness was legally represented. The general practice for these joint support staff interviews was similar to the practice described above in respect of the joint player interviews.

32. Annexed to my affidavit and marked CONFIDENTIAL 'AW-3' is a true copy of the transcript of the first interview of lan Robson on 15 February 2013. Nolan and myself, from ASADA, and Haddad, from the AFL, conducted this interview.

33. Annexed to my affidavit and marked CONFIDENTIAL 'AW-4' is a true copy of the transcript of the interview of David Evans on 15 February 2013. Nolan and I from ASADA, and Haddad from the AFL, conducted this interview, although I missed the start of this interview because I had been taking care of some administrative details regarding the commencement of my employment that day.

34. Annexed to my affidavit and marked CONFIDENTIAL 'AW-5' is a true copy of the transcript of interview of Danny Corcoran, then Football Manager on 26 April 2013. Kerrison and myself, from ASADA, and Haddad from the AFL, conducted this interview.

Mr Hird's interview

35. I recall being told by John Nolan that Hird wanted his interview to come on quickly, and I am aware of an SMS message from lan Robson to Hird of 20 February 2013 which supports this. I cannot recall the source of John Nolan's information or date on which I learnt this information.

36. Annexed to my affidavit and marked CONFIDENTIAL 'AW-6' is a true copy of the transcript of Mr Hird's interview on 16 April 2013. Nolan and I from ASADA, and Haddad from the AFL, conducted this interview.

Information acquired by the AFL and given to or made available to ASADA

Information recorded on Hird's phone

37. Later in the abovementioned interview with Hird, Haddad requested Hird to produce his mobile phone to the AFL. An issue that arose concerned how the AFL might be able to properly consider the text messages on Mr Hird's phone whilst ensuring no breaches of professional privileges in the communications occurred. A discussion then took place about privileged communications on that phone, and how the AFL could get relevant information from the phone without accessing any privileged information which was also on the phone. Neither John Nolan nor I played an active role in that discussion, although John Nolan did volunteer some suggestions based on his own previous experience, for the AFL and Hird to consider.

A3745625 Page 8

Page 10: 20140722 Affidavit Walker

38. I am aware that Hird produced the mobile phone to Deloitte where it was examined for relevant material. On 12 June 2013, the AFL provided ASADA with the relevant material that had been obtained from Hird's phone.

Access to the De/oitte database

39. I am aware that prior to my involvement in this investigation the AFL engaged Deloitte to obtain a download of Essendon's server, which Deloitte did. I am aware that on 8 February 2013, John Nolan provided a document of 'key-words' to the AFL to be used in a search of the Essendon server by Deloitte. The AFL provided the results of this key-word search to ASADA. ASADA had commenced receiving this material prior to my involvement in this investigation. On several occasions I or other ASADA investigators went to Deloitte's premises to review material that Deloitte had identified in response to the key-word searches. If we considered the material identified by Deloitte was relevant, it would be provided to us.

40. Our investigation team including me also had direct contact with the Deloitte people and were able to contact them to make requests for further searches without reference to the AFL. Sharon Kerrison took primary responsibility for this task on behalf of the ASADA investigators. For example, I am aware of occasions when Kerrison emailed Jess Curry (a Deloitte employee) and asked her to look for documents such as emails between two particular support persons at Essendon. We regarded such background information useful. Ms Curry was not a mere cipher- she would use her own initiative while conducting these searches, aided by the background information provided, and the results of her own searching, to anticipate other potentially relevant information that might also be of interest to us, but did not technically fall within the strict terms of our request. I found the results of searches conducted by Ms Curry to be of real assistance to ASADA's investigation.

41. For example, on 25 March 2013 Kerrison emailed Ms Curry (a Deloitte employee) and asked her to look for emails between two particular support persons at Essendon. Kerrison's email provided background information about why she wanted this particular search performed. We were seeking this information because it was directly relevant to the assertion of a particular Essendon support person that they had never been offered Hexarellin by another support person. The provision of the background information was to facilitate the performance of searches by Ms Curry and thereby advance the ASADA investigation.

Seized material

42. I am aware that the AFL used its contractual powers to seize a range of other documents and electronic evidence, which they provided to ASADA. For instance, I am aware that the AFL obtained an analysis of the players' blood work from one of the Essendon doctors. I understood that the AFL had obtained this using its compulsory contractual powers. On at least two occasions, during joint interviews, a witness mentioned potentially relevant evidence which I expressed an interest in obtaining, and the AFL required that witness to formally produce that material to it. The AFL then provided this material to ASADA.

A3745625 9

Page 11: 20140722 Affidavit Walker

Information acquired by ASADA and given to the AFL

Interview plans

43. ASADA prepared its own interview plans for each of the joint player and support person interviews. The AFL did not have any input into the preparation of these interview plans. Kerrison took the lead role in preparing the majority of the interview plans for the ASADA investigators, generally with me assisting or contributing to the preparation of the interview plans. However, it is quite likely that from time to time I (and other ASADA investigators) may have discussed various aspects of past or future interviews with the AFL. These conversations may have involved ASADA acquiring and providing information (already known to both agencies)- and all of the conversations I had or knew about occurred for the purposes of improving the quality of ASADA's investigation.

44. I recall on one occasion I provided the AFL (Haddad) access to a copy of my interview plan. I had done this because I had anticipated the interview would be long and complex and I wanted Haddad to know my proposed structure of interview to ensure he did not raise a matter relevant to him which we may have been intending to raise at a different or more tactical time of the interview. I provided the plan to Haddad on the day of interview and I retrieved if from him at its conclusion.

ASADA interview information obtained from third parties

45. Over the course of the Investigation, ASADA identified and interviewed, independently of the AFL, 16 witnesses who were not support staff or players. We did not consult the AFL about these interviews in advance or invite them to provide input into those interviews. When evaluating this evidence after the interview had occurred, I (and, based on my conversations with them, other ASADA investigators) would generally consider whether any or all of the information obtained during the interview would be provided to the AFL. To the best of my knowledge, to progress ASADA's investigation we invariably did provide most, if not all, of this information to the AFL at some point in time, although the timing of providing this information would vary. ASADA did not always disclose such information immediately to the AFL, and we often took strategic decisions not to provide such information in the first instance. Generally, this was a considered process which was taken after discussions with the other ASADA investigators, particularly John Nolan.

46. For example, ASADA took a cautious approach with a particular third party witness and independently contracted Deloitte to conduct a forensic analysis of the witness's mobile telephone and computer. I am aware from reviewing ASADA's records that Kerrison then sought the consent of this witness prior to the results of that forensic analysis being released to the AFL. The witness consented and the material was provided to the AFL on or about 19 July 2013.

47. So far as I am aware, disclosure of this sort of information by me and other investigators to the AFL always occurred for the purposes of ASADA's investigation. This was because by providing the AFL with this information it would enlarge their own body of knowledge and potentially enable them to make connections with other

A3745625 Page 10

Page 12: 20140722 Affidavit Walker

relevant facts, to identify new ideas, hypotheses or lines of inquiry, which enabled them to make a greater strategic contribution to ASADA's own investigation.

48. The AFL would often overlay information that ASADA provided to it with its current intelligence holdings and then provide its comments back to ASADA, thereby providing a more complete picture of the investigative landscape in which we were operating.

49. For example, the AFL developed an association chart of the relevant entities involved in ASADA's investigation from within the anti-aging community. The information ASADA had derived from its own interviews was used in the compilation of this investigative tool. The ability to accurately identify connections and associations between seemingly unconnected parties is a highly valuable asset in an investigation. The AFL provided this matrix to ASADA and it was of assistance in our investigation.

50. ASADA (John Nolan and I) interviewed one former Essendon player without anyone from the AFL being present. This person had been an Essendon player during the 2012 season but was not an AFL player in 2013. As such he was not contractually obliged to cooperate with the AFL.

51. We decided to interview this former Essendon player on our own initiative and I had originally contacted this player and made arrangement to privately meet with him on a prior occasion. However, just prior to our arranged meeting I was contacted by a representative from that player's new club who advised that the player would first seek legal advice. Arrangements were then later made with the AFL Players' Association to interview the player at their offices.

52. Although we disclosed our decision to interview the player to the AFL prior to the actual interview, I had not sought to involve the AFL in my initial attempt to privately meet with the player. During the interview of this player he was warned similarly to all other players as to how ASADA may use the evidence he provided during interview. The player was never subject to any compulsory direction to co-operate.

53. There were a number of people ASADA wanted to interview who were not players or support staff and accordingly were not contractually obliged to cooperate with a request from the AFL to provide information. But there were occasions where we considered it necessary to engage with the AFL about discrete issues arising in relation to the evidence provided by those persons. The transcripts of the interviews conducted by ASADA alone were eventually provided to the AFL - as to which see paragraphs 45 to 49 above in relation to the purpose of such disclosure.

54. ASADA interviewed a number of support staff and officials from Essendon without anyone from the AFL being present. ASADA provided transcripts of these interviews to the AFL - see, again, paragraphs 45 to 49 above.

55. On 3 May 2013, I re-interviewed Robson on my own, without any AFL investigator being present. This interview was arranged between John Nolan and Tony Hargreaves, Essendon's (then) solicitor, to follow up two matters arising from other interviews. Annexed to my affidavit and marked CONFIDENTIAL 'AW-7" is a true copy of the transcript of Robson's second interview, which I conducted on my own, on 3 May 2013.

A3745625 Page 11

Page 13: 20140722 Affidavit Walker

Not read

Not read

Not read

Page 14: 20140722 Affidavit Walker

Not read

Not readNot read

Page 15: 20140722 Affidavit Walker

Not readNot read

Confidential

Page 16: 20140722 Affidavit Walker

Not read

Confidential

Not read

Not read

Page 17: 20140722 Affidavit Walker

inspection was supervised by John Nolan on 19 June 2013.1 saw Clothier on that day when he visited ASADA's office to carry out this inspection. At the end of this inspection John Nolan and I spoke with Clothier and obtained his view about what he had read. This was an interactive discussion between the 3 of us. Clothier told me that he found the contents of the Interim Report concerning. He offered me some advice about the structure of the Interim Report, and about some areas that seemed confusing and could benefit from improved clarity. I also believe that he made a suggestion about moving a section of the report toward the front end of the document. He also told me that there was nothing within the AFL's own evidentiary holdings which was contrary to or inconsistent with the contents of the Interim Report. I took all of this advice on board. Of course the document grew significantly in any event between 19 June 2013 and 31 July 2013.

79. I considered Clothier's review of the draft Interim Report to be something akin to a peer review of my work. I considered that this was an opportunity for the AFL to identify any significant errors in ASADA's Interim Report. I also thought that provision of this information to Clothier would give him an opportunity to review our work and provide any additional information to which he could contribute and which could improve our knowledge or conclusions, and therefore the quality of the Interim Report.

80. The Interim Report ultimately released to the AFL comprised 405 pages (excluding annexures). The "draft" Interim Report viewed by Clothier on 19 June 2013 comprised 191 pages (excluding annexures ). A large body of evidential holdings were consolidated by ASADA between 19 June 2013 (the date of Clothier's inspection) and 2 August 2013 (the date of delivery to AFL).

E. THE END OF THE JOINT INVESTIGATION

81. I continued as part of the ASADA investigation team after August 2013 until February 2014 when the investigation formally concluded.

82. There were changes to ASADA's compulsory powers in August 2013 that enabled ASADA to progress its investigation far beyond where it had gotten to with the AFL by August 2013.

83. I consider that the joint investigation ceased at around the time of the first release of the Interim Report on 2 August 2013 to the AFL. There was a further interview with one former Essendon support staff person which ASADA jointly conducted with the AFL on 8 August 2013. I considered that this was a continuation or 'post-script' to an earlier interview of that official which had been jointly conducted by ASADA and the AFL back in May 2013.

84. On 13 August 2013 Whittock emailed myself, Kerrison and Sheens asking us to provide him with a transcript of interview of a person who was not a player or support person which Nolan had conducted alone (without any involvement from the AFL) on 19 July 2013. I am aware that ASADA provided this transcript as requested.

85. On 21 August 2013 ASADA and AFL investigators jointly re-interviewed one former Essendon support person. This interview was recorded by ASADA and transcribed, and a .copy of the transcript w/provided to the AFL.

( P!ti fwuv<JL/ A3745625 / Page 16

Page 18: 20140722 Affidavit Walker

86. I am aware that shortly after 21 August 2013 ASADA communicated to the AFL its clarification of an incorrect claim raised in the media.

87. Since August 2013 my only engagement with the AFL investigators has been on an unrelated matter (not concerning Essendon) apart from an occasional cup of coffee.

88. Since the conclusion of the joint investigation, ASADA has continued its investigation into the use of supplements at the Essendon Football Club without involvement of the AFL. In this process, ASADA has conducted (on its own, without AFL involvement) approximately 8 further interviews. Each of these interviews was recorded, and transcribed by ASADA. The AFL was not present at any of these interviews. ASADA has not provided the AFL with any information in relation to these interviews.

89. The most recent interview I conducted was on 20 July 2014.

90. Throughout this affidavit I have sought to identify as best as I can how information was managed by ASADA during its investigation, and especially how ASADA managed the acquisition of information from the AFL and disclosure of information to the AFL. Given the volume of information obtained and disclosed by ASADA during its investigation I have necessarily had to do this by reference to categories of information.

Sworn by the deponent

at .................................................. .

in the ..

Before me:

A3745625 Page 17

Page 19: 20140722 Affidavit Walker

Signature of witness:

Name of witness:

Qualification of witness:

A3745625 Page 18

Page 20: 20140722 Affidavit Walker

FEDERAL COURT OF AUSTRALIA DISTRICT REGISTRY: VICTORIA DIVISION: GENERAL

ANNEXURE AW-1

ESSENDON FOOTBALL CLUB (ACN 004 286 373)

Applicant

THE CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY

Respondent

AND BETWEEN

JAMES ALBERT HIRD

Applicant

THE CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY

Respondent

NO VID 327 OF 2104

NO VID 328 OF 2014

The following pages 19 to 50 is the annexure marked AW-1 referred to in the affidavit of Aaron Richard Walker made 22 July 2014 before me:

C(d J ~()tJf;~ Signature 1··

Qualification

Filed on behalf of the Respondent,

Prepared by: Craig Rawson

Australian Government Solicitor.

Address for Service: Australian Government Solicitor, Level 21, 200 Queen St, Melbourne, VIC 3000 [email protected]

File ref: 14097050

Telephone: 03 9242 1248 Lawyer's Email:

[email protected] Facsimile: 03 9242 1333

DX 50 Melbourne

19

Page 21: 20140722 Affidavit Walker

(

\

Australian Government

Australian Sports Anti-Doping Authority

INVESTIGATION PLAN

ASADA- OPERATION COBIA

ACC - OPERATION ANDRONICUS

VERSION 1

Approved by: Paul Simonsson

Date: Draft February 2013

Page 1

THIS DOCUfv1Ef'JT IS THE PROPERTY OF THE fl.USTRAUAN SPORTS ANTI-DOPING AUTHORITY (ASADA). IT MAY NOT BE COPIED WITHOUT PRIOR AUTHORISATION FROM THE DIREc:TOR OF iNTELLiGENCE AND INVESTIGATIONS, ASADA.

OFF!C!/\L -SENSITIVE

1-\VI-\.UUUO.O/ OU

20

Page 22: 20140722 Affidavit Walker

AS A. 0005.67 51

PART 1 .................................................................................................................................................... 4

Background ............................................................................................................................................ 4

Possible anti-doping rule violations ..................................................................................................... 5

Athletes .......................................................................................................................................... 5

Support Persons ............................................................................................................................ 6

Substances that n1ay be involved ........................................................................................................ 6

PART 2 .................................................................................................................................................... 7

Jurisdiction to investigate ..................................................................................................................... 7

Strategic alignrnent ............................................................................................................................... 8

\.Yorld Anti-Doping Code .................................................................................................................... 8

ASADA ........................................................................................................................... : ..................... 8 (

PART 3 .................................................................................................................................................. 10

1\~anaging the investigation ................................................................................................................ 10

Resourcing ....................................................................................................................................... 10

Accommodation ........................................................................................................................... 10

Equlpn1ent .................................................................................................................................... 10

Staffing ......................................................................................................................................... 10

Transcription ................................................................................................................................ 10

Administration ................................................................................................................................. 11

Case Management Systen1s ....................................................................................................... 11

Entities list ................................................................................................................................... 11

Forn1al Reviews ........................................................................................................................... 11

Interview schedule ...................................................................................................................... 12

Tasking Sheet .............................................................................................................................. 12

Team Meetings ............................................................................................................................ 12

PART 4 .................................................................................................................................................. 13

Stakeholder Engagen1ent ................................................................................................................... 13

Australian Crin1e Corntnisslon ........................................................................................................ 13

Liaison .......................................................................................................................................... 13

Use of ACC intelligence ............................................................................................................... 13

Sporting Administration Bodies ...................................................................................................... 14

Liaison .......................................................................................................................................... i-4

Page 2

THIS DOCUMENT IS THE PROPERTY OF THE AUSTRALIAN SPORTS ANTI-DOPING AUTHOR!TI (ASADA). IT MAY NOT SE COPIED WITHOUT PRIOR AUTHORISATION FROM THE DIRECTOR OF INTELLIGENCE AND INVESTIGATIONS, ASADA.

OFFIC!A.L USE

(

21

Page 23: 20140722 Affidavit Walker

APPENDlX /4. .......................................................................................................................................... 15

Substances that may llave relevance to the investigation ........................................................... 15

APPENDIX B ......................................................................................................................................... 23

Annexure 1 ....................................................................................................................................... 23

Anti-doping rule violations ........................................................................................................... 23

Annexure 2 ....................................................................................................................................... 26

Sporting Organisations- Definitions ........................................................................................... 26

Annexure 3 ....................................................................................................................................... 28

Obligations on Sporting Administration Bodies - NAD scheme ............................................... 28

APPENDIX C ......................................................................................................................................... 30

Annexure 1 ....................................................................................................................................... 30

ARL and NRL anti-doping policy .................................................................................................. 30

Annexure 2 ....................................................................................................................................... 31

AFL anti-doping code ................................................................................................................... 31

Page 3

THIS DOCU!v1ENT IS THE PROPEf\TY OF THE AUSTRALIAN SPOfHS ANTi-DOPING AUTHORITY (ASADA). IT MAY NOT BE COPIED WTfHOUT PRIOR AUTHORJS!>.TION FROfv'i THE DIRECTOR OF INTELLIGENCE AND INVESTIGATIONS, ASADft ..

FOR ONLY·-

A SA. 0005.67 52

22

Page 24: 20140722 Affidavit Walker

PART1

Background In September 2011, ASADA initiated Operation Cobia to investigate potential anti-doping rule

violations by athletes and supp01t persons involved with the National Rugby League (NRL). The

rule violations, which allegedly occurred from 2010 to present, relate to a range of prohibited

substances and methods:L (World Anti-Doping Code - Prohibited List - International Standard), but primarily involve:

o S2 prohibited substance growth hormone releasing hormones;

• S2 prohibited substance growth hormone releasing peptides; and

"' S2 prohibited substance human growth hormone.

Tile use and distribution of prohibited substances within the NRL has also attracted tfle attention

ASA.0005.6753

~ (

• The Australian Crime Commission (ACC);2

"' The New South Wales Police Force (NSWPOL); 3 and

• The Therapeutical Goods Administration (TGA). 4

Investigations undertaken to date indicate a number of potential suppliers of prohibited substances to the NRL athletes and support persons, including:

• Advanced Sports Nutrition (Sports Science Services)

• Best Buy Supplements

• Emortal Essence

• Epigenx Sciences

"' Medical Rejuvenation Clinic

• Phil's Fitness

• Pro-Peptides

• Scientific Peptides

There are substantial linkages between the key personnel from all these companies.

1 World Anti-Doping Code - Prohibited List - International Standards 2010, 2011 & 2012. 2 ASADA and ACC signed a Memorandum of Understanding {MOU) for 'Cooperation and Information Sharing' on 16 October 2010- ASADA CEO, Ms Aurora Andruska and ACC CEO, Mr John Lawler. Refer TRIM BDOC12-41403 (Head Agreement) and TRIM BDOC12-41404 (Annexure A - access to AClD and ALIEN) 3 ASADA and NSWPF signed a Memorandum of Understanding (MOU) 'Concerning the exchange of information and transfer of seized prohibited substances' on 8 December 2009 • ASADA Cllairman, Mr Ricl1ard lngs and NSWPF General Counsel, Mr Michael Antrum. Refer TRIM BDOC11-38255 (Head Agreement). 4 ASADA is able to disclose to the TGA information that relates to a person in connection with a possible anti-doping rule violation by an athlete or support person as per sub clause 4.21(2)( d) of the National Anti-

Scheme.

Page4

THIS DOCUMENT IS THE PROPERTY OF THE AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY (f\SADA).lT MAY NOT BE COPIED \NITHOUT PHIOH AUTHORISATION FROM THE DiRECTOR OF INTELLIGENCE AND INVESTIGATIONS, ASADA.

23

Page 25: 20140722 Affidavit Walker

The investigation has also discovered evidence suggesting that the same prohibited substances

have been supplied to athletes and support persons from the Australian Football League (AFL).

Possible anti-doping rule violations

Athletes lt is probable that anti-doping rule violations by athletes will be detected during the course of the

investigation including:

(!> Use or attempted use by an athlete of a prohibited substance or a prohibited method. 5

"' Possession of prohibited substances and prohibited methods. 6

"' Trafficking or attempted trafficking in a prohibited substance or prohibited method.

"' Administration or attempted administration to an athlete in-competition of a prohibited method or prohibited substance, or administration or attempted administration to an athlete out-of-competition of a prohibited method or a prohibited substance that is

prol1ibited out-of-competition, or assisting, encouraging, aiding, abetting, covering up or other type of complicity involving an anti-doping rule violation or an attempted anti-doping

rule violation. Y

If targeted testing is ernployed during the investigations, additional anti-doping rule violations

may result including:

.. Presence of a prohibited substance or its metabolites or markers in an athlete's sarnple. 9

• Refusing or failing without compelling justification to submit to sample collection after

notification as authorised in applicable anti-doping rules, or otherwise evading sample

collection. 10

.. Violation of applicable requirements regarding athlete availability for out-of-competition

testing, including failure to file required whereabouts information and missed tests tl1at

are declared based on rules that comply with tile International Standard for Testing.n

• Tampering or attempted tampering with any part of doping control. 12

5 Australian Sports Anti-Doping Authority Regulations 2006 (C'wth), Schedule 1- The NAD scheme, Part 2, Clause 2.01(2)(b). e Australian Spo1ts Anti-Doping Authority Regulations 2006 (C'wth), Schedule 1- The NAD scheme, Part 2, Clause 2.01(2)(f). 7 Australian Spo1ts Anti-Doping Authority Regulations 2006 (C'wth), Schedule 1- The NAD sc!1eme, PEHt 2, Clause 2.01(2)(h). e Atl1letes fron1 the AFL can be tested by ASADA under tile 2013 AFL Contract signed in December 2012. f.1thletes from the NRL can M tested by ASADA under the 2013 in principle testing agreement agreed to in January 2013. s Australian Sports Anti-Doping Autt1ority Regulations 2006 (C'wth), Schedule 1- The NAD scheme, Part 2, Clause 2.01(2)(a). '·o Australian Sports Anti-Doping Authority Regulations 2006 (C'vvtll), Schedule 1 - Tt1e NAD scf1eme, Part 2, Clause 2.01(2)(c). a Australian Spotts Anti-Doping AuLhority Regulations 2006 (C'wtil}, Schedule 1·· The NAD scheme, Part 2, Clause

Page 5

THIS DOCUMENT IS THE PHOPEFiTY OF THE AUSTR.ll.UAN SPORTS ANTI-DOPING AUTHOHITY (ASADA). IT fVlAY NOT BE COPIED WITHOUT PRIOR AlJTHOmSATION Ff\OM THE DIRECTOR OF INTELLIGENCE AND INVESTIG!\TIONS, ASADA.

FOR

ASA.0005.6754

24

Page 26: 20140722 Affidavit Walker

Support Persons it Is probable that anti-doping rule violations by support persons will be detected during the course of the investigation including:

$ Possession of prohibited substances and prohibited methods . .:3

o Traffich:ing or attempted traffiching in a prohibited substance or prohibited method.l4

• Administration or attempted administration to an athlete in-competition of a prohibited method or prohibited substance, or administration or attempted administration to an athlete out-·of-competition of a prohibited method or a prohibited substance that is prohibited out-of-competition, or assisting, encouraging, aiding, abetting, covering up or other type o-F complicity involving an anti-doping rule violation or an attenwted anti-doping rule violation. l,5

Substances that may be involved During the course of the investigation, a broad range of substances have been identified which were allegedly offered, sourced or used by athletes and their support persons. Many of these substances are not prohibited under World Anti-Doping Code - Prohibited List.

12 Australian SpO!ts Anti-Doping Authority Regulations 2006 (C'wth), Schedule 1- The NAD scheme, Part 2, Clause 2.0i(2)(e). :cs Australian Sports Anti·Doping Authority Regulations 2006 {C'wth), Schedule 1- The NAD scheme, Part 2, Clause 2.0i(2)(f). 14 Australian Sports Anti-Doping Authority Regulations 2006 (C'wth), Schedule 1- The NAD scheme, Part 2, Clause 2.01(2)(g). 1s Australian Sports Anti-Doping Authority Regulations 2006 (C'wth), Schedule 1- The NAD scheme, Part 2, Clause

Page6

THIS DOCUMENT IS THE PROPEHTY OF THE AUSmALIAN SPORTS f-1f'lTI-DOP!NG AUTHORITY (ASADA). IT MAY NOT BE COPIED WITHOUT PRiOR AUTHORISATION FROM THE Dif\ECTOR OF INTELLIGENCE AND INVESTIGATIONS, ASADA.

FOH

ASA.0005.6755

(

25

Page 27: 20140722 Affidavit Walker

PART2

Jurisdiction to investigate The National Rugby League (NRL) and Australian Football League (AFL) and both Sporting Administration Bodies. i6 As Sporting Administration Bodies, both organisations have a statutory obligation to at ail times have in place, maintain and enforce anti-doping policies and practices that comply with:

the mandatory provisions of the World Anti-Doping Code and International Standards; and

<~> tile National Anti-Doping (NAD) scheme. 17

,.--------,-·-···-------·---· . ------Refer to Appendix B, Annexure 2 for relevant definitions relating to the status of the NRLand AFL '

as SpdltingAdmltiistratiori Bodies

Refer to Appendix B, Annexure 3 for additional obligations placed on Spotting Administration

Bodies under the NAD scheme.

The anti-doping policies of the NRL and AFL have been approved (including subsequent amendments) by ASADA as required by the NAD Scheme.

I Refer Appendix.c:-.Annexu-rei for the Anti-Doping PollCy-ofThe Australian Rugby Leagueandj 'National Rugby League. · !

Refer Appendix C, Annexure 2 for the Anti-Doping Code of tlie Australian Football League. I Anti-doping rules apply to all persons who are involved as athletes or support persons in a sport with an anti--doping policy and such persons are subject to the NAD scheme. 1s

For the purpose of the NAD scheme, a support person is a person who works with or treats 1 or more athletes participating in, or preparing for, sporting activities in 1 or more of the following

capacities:

• coach;

• trainer;

• manager; (II agent; 0 team staff member;

• official;

c medical practitioner;

<II para-medical practitioner; or

1s Australian Sports Anti-Doping Authority Act 2006 (G'wth), Part 1, Section 4. i7 Australian Sports Anti-Doping Authority Regulations 2006 (C'wth), Schedule 1· The NAD scheme, Clause 2.04 (a)(i)- (ii). 18 Jl.ustralian Sports Antl-Doping Authority Regulations 2006 (C\vth), Schedule 1- T!1e NAD scr1eme. Part I, Clauses &

Page 7

THiS DOCUf·liENT iS THE PROPERTY OF THE AUSTRALIAN SPORTS ANTI-DOPING AUTHOHITY (AS.A.DA). IT MAY NOT BE COPIED WITHOUT PRIOR AUTHORISATION FROM THE DIHECTOR OF INTELLIGENCE AND INVESTIGATIONS, ASADA.

OFFICIAL USE

ASA.0005.6756

26

Page 28: 20140722 Affidavit Walker

"' any other person who >vorks {as a volunteer or otherwise) with, or helps, an athlete subject to the NAD scheme to palticipate in. or prepare for, sports competition. 1s

ASADA is authorised to investigate possible anti-doping rule violations that may have been committed by athletes or support persons.2o An investigation must comply, or substantially comply, with the procedures mentioned in:

• the World Anti-Doping Code; and

"' the International Standards; and

"' the Australian Government Investigations Standard.

However, failure to comply with those procedures does not affect the validity of the investigation. 21

Strategic alignment

World Anti-Doping Code Operation Cobia is consistent with purposes of the World Anti-Doping Code and the World Anti­Doping Program which supports it, namely:

• to protect the Athletes' fundamental right to participate in doping-free sport and thus promote health, fairness and equality for Athletes worldwide; and

• to ensure harmonised, coordinated and effective anti-doping programs at the international and national level with regard to detection, deterrence and prevention of doping.22

ASADA Operation Cobia is also consistent with the ASADA's strategic objectives for 2011 - 2014 including:

Leadership in anti-doping program delivery

Strategy

• Partner with domestic and international agencies to improve the exchange of anti-doping information and intelligence.

Engaged, motivated, ethical and skilled people

Strategy

18 Australian Sports Anti-Doping Authority Regulations 2006 (C'wt/1), Schedule 1 -The NAD scheme, Pa1t I, Clause 1.07(2)(a) & (b). 20 Australian Sports Anti-Doping Authority Act 2006 (C'wth), Section 13(1}(f) & Australian Sports Anti­Doping Authority Regulations 2006 (C'wtll), Schedule 1- The NAD sc!1eme, Part 3, Clause 3.27(1). 21 Australian Sports Anti-Doping Authority Regulations 2006 (C'wth), Schedule 1-The NAD scheme, Part 3, Clause 3.27(2) & (3). 22 World Code and effective from 1 2009.

Page8

THIS DOCUMENT IS THE PROPERTY OF THE AUSTRALIAN SPORTS ANTI-DOPiNG AUTHORITY (ASJl.DA). IT fv'lAY NOT BE COPIED WITHOUT PRIOR AUTHORISATION FROM THE DIRECTOR OF INTELLIGENCE AND INVESTIGATIONS, ASADA.

- SENS!T!VE

ASA.0005.6757

(

27

Page 29: 20140722 Affidavit Walker

Foster a culture of collaboration, innovation, high performance and commitment to ASADA's purpose.

o Promote shared understanding of our goals, and those of the government.

"' Empower staff to harness opportunities to use and develop their expertise, experience and knowledge.

"' Nurture future leaders.

Productive stakeholder relationships

Strategy

c Develop strong, trusting working relationships witll government, domestic and international stakeholders within the anti-doping community, sport, and law enforcement.

~~> Promote awareness and understanding of our role and the principles of doping-free sport wiUlin the sporting and wider community.

110 Contribute to whole-of-government initiatives to protect the integrity of sport in Australia.

Page 9

THIS DOCUMENT JS THE PROPERTY OF THE AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY {ASADA). IT MAY NOT BE COPIED WITHOUT PRiOR .k.IJTHORISATION FiiOM THE DiRECTOR OF INTELLIGE:J>!CE AND INVESTIGATIONS, AS/.1Df\.

USE l\'-

A;:iA.UUUb.bfotl

28

Page 30: 20140722 Affidavit Walker

PART3

Managing the investigation

Resourcing

Accommodation The investigation into the alleged doping activity in the NRL will be conducted from the ASADA headquarters in Canberra, with investigators based in Sydney on a needs basis.

The investigation into the alleged doping activity in the AFL will be conducted frorn the ACC offices in Melbourne.

Equipment Given the scope of the investigation and the requirements of the Protective Security Frarnevvork {PSF), tile following equipment will need to be procured for the conduct of this investigation:

• Secure brief cases that meeting ttle requirements of the PSF.

• Additional digital recording devices for recording interviews with persons of interest and potential witnesses.

Staffing It is IH~ely that this investigation will require a protracted commitment (4 - 6 months) from . ASADA's Anti-Doping Programs and Legal Services portfolio - particularly the Investigations and Intelligence Units.

Additional staffing beyond pre-existing numbers in the Intelligence and Investigations team will be required to conduct the investigation. Tl1is will include:

• 1 x FTE Director Canberra

• 3 x FTE non-ongoing investigators in Melbourne {EL2, 2 x Eli)

• 3 x FTE ongoing investigators in Canberra (3x ELi)

• 3 x FTE intelligence staff in Canberra(1 x EL1 2 x APS6

• 2 x FTE Lawyers Canberra (2 x EL1)

Along with this additional staffing, RlSQ has been engaged to provide contracted investigations staff and other services as required. A contract to this effect has been signed with RISQ.

Transcription It is anticipated that 120 interviews may be required, all of which will require transcription. As

sucll, additional transcription will be required beyond what is normal for the Intelligence and

Investigation unit.

-~----·····-··-··-············ ·············-··········-······· ···············-·-···---·-----·········-···---·-··--···········-·-··-····· ······-·--·---~---~-~-

Page 10

THIS DOCUMENT IS THE PROPERTY OF THE AUS'TRALIAN SPORTS ANTI-DOPING AUTHORITY (ASADA). IT MAY NOT BE COPIED WITHOUT PRIOf{ AUTHORiSATION FROM THE DIHECTOR OF iNTELLIGENCE AND INVESTIGATIONS, ASADA.

ASA.0005.6759

c

(

29

Page 31: 20140722 Affidavit Walker

Administration

Case Management Systems The investigation into a!!eged doping in the AFL wm be managed on TR!M. The fi!e for this case is 2012/1043.

The investigation into aHeged doping in the NRL wll! be managed on CMIS. Case Management Project 29 is the central case for the overall matter with individual cases for athletes alleged to have committed an ADRV being created as required. In addition, certain documents, such as the Entities List, will be stored in TR!M. This will occur in the Operation Cobia case file.

Entities list An Entities List has been created and will be maintained for the duration of the investigation. TRIM document BDOC13-968 refers.

Formal Reviews The investigation will be subject to weekly (or on an as needs basis) reviews to provide direction to the investigation team, including:

e Jurisdiction

• Scope (authority to limit or widen)

• Priorities

• Timelines

• Resourcing

"' Interagency liaison including referrals to law enforcement

• Stakeholder engagement

0 Legal Issues

• Information management and security

o Media strategy

The media strategy for this investigation will be managed by the ASADA Communications and Marketing team.

Formal Reviews shall be attended by:

• General Manager, Anti-Doping Programs and Legal Services

• Director Investigation and Intelligence

o Director Testing and Sports Operations

• Director Legal Services & Results Management

0 Persons directly involved in the investigation in an investigative, intelligence or operational support capacity as required

• Any other person authorised by the General Manager, Anti-Doping Programs and Legal

Services

Page 11

THIS DOCUfv1ENT IS THE PROPERTY OF THE /l.USTRAUAN SPORTS ANTI-DOPING AUTHORITY (AS?.D,t;.), IT MAY NOT BE COPIED WITHOUT PRIOR AUTHORISATION FROM THE DIRECTOR OF INTELIJGENCE t~f~D INVESTIGATiONS, f 1.SADA.

ASA.0005.6760

30

Page 32: 20140722 Affidavit Walker

Interview schedule The AFL interview schedule has been created and will be maintained for the duration of the investigation. TRIM document BDOC13-7471 refers.

The NRL interview schedule is past ofthe entities list. TRIM document BDOC13-968 refers.

The interview schedule shall include the following detail:

,. Name

• Club ., Position/Person type

., Whether the person has been interviewed

,. Date of the interview

" Whether a transcript has been done

"" TRIM references for transcript and/or audio recording

Tasking Sheet A Tasking S!1eet has been created and will be maintained for the duration of the investigation. TRIM document BDOC12-49485 refers. Progress against tl1e Tasking Log will be monitored during weekly team meetings.

Team Meetings Team meetings will be held at weekly. Team meetings will focus on:

• Achievements during the past week

" Objectives for the next week (to be included on the tasking sheet as necessary)

• Priorities

• Individual workloads (potential to reallocate tasks)

• Interagency liaison • Stakeholder engagement

• Staff welfare

• Information management and security

Team Meetings will be atterided by:

• Persons directly involved in the investigation (investigators, analysts or operational suppott)

Page 12

THIS DOCUMENT iS THE PROPERTY OF THE 1\USTR/l.LIAN SPOIHS ANTI-DOPING AUTHORITY {ASADA). IT MAY NOT BE COPIED VviTHOUT PRIOR AUTI10RISATION FROM THE Dlf{ECfOR OF INTELLIGENCE AND INVESTIGATiONS, ASADA.

USE ONLY-

ASA.0005.6761

(

31

Page 33: 20140722 Affidavit Walker

PART4

Stakeholder Engagement

Australian Crime Commission

Liaison At a strategic !eve!, primary responsibility for liaising with ACC wiH rest with the Genera! Manager, Anti-Doping Programs and Legal Services.

At an operational level, responsibllity for liaising with ACC will rest with the Director Investigations and Intelligence.

Use of ACC intelligence On 15 March 2013, ASADA Legal Services sought a variation to tile Non-Publication Directions (NPD) to the ACC Project Aperio Examinations. The purpose of this variation was to make expanded use of the ACC examination material during ASADA interviews with Operation Cobia persons of interest. ASADA Legal Services met with representatives of the ACC Legal Services on 17 April 2013 to discuss this matter.

Page 13

THiS DOCUMENT iS THE PROPERTY OF THE AUSTRAUAN SPORTS ANTI-DOPING AUTHORITY {ASADA). IT MAY NOT BE COPiED vVITHOUT PHI OR AUTHORiSATION FI\Ofv1 THE DIRECTOR OF INTELLIGENCE AND INVESTIGfATIONS, ASADA.

OFFICIAL

A8A.0005.6762

32

Page 34: 20140722 Affidavit Walker
Page 35: 20140722 Affidavit Walker

(J.J

4:>-

APPENDIX A

Substances that may have relevance to the investigation

!·--i:·=r~~~~~!'lCb~~~itlne==:==~==r~~~~~~i~~~~ative \-·~!o~ status 1 Year 1st prohib~~~=J1.i'GAstatus ··-i_®iili9aJ LiiWStatus I I I I prohibited I i

. '----~·····----·---~·-···------·---L---- . L _________ .J .J. ··--· I 2. I Actovegin 1 Calf's blood .. Su~posed to assist with Not . . 1 : Not listed on ihe 1-Notiiiegal · ···- :I

oxygen absorption 111 the blood. prohibited , 1 SUSMP i , I ! l

I-3:-T7\n1inoacTCls ________ l Molecules used to build peptides and Not ···-···; ·---~offiSted on the ___ J_Not illegal •··········· ·I 1-(-LAtiifilOSY:i:CWtfh ____ pmtelns. used as a moo'e'Y supplement. I pmhlbited I- . --+"'"-. --·· j

i 5. ~;;::~ ~ --- -r;~w~:~;~:;f:So~e ,n;,:::n~;~bhiblted - jl ·---~~~~~ed on the 1 NOfT!Jega, i

~:-··l··AiphaTfp.olc.AcTd--···---.. -·JJ~~~:rn:rormation required i ··- + ····~·-···- ···· ·----·j IT!Argiiiiiie- --·-t::~~~~~~.~e~~a~s ','t,';~~~d t~~ ~:hlbited I - ·-- ;~:,;?:;::;~ sC ~~- Nolillegar·~--l

release of growth 11ormone (un-proven} i believed to not be :

8. ·-· ···· ' AScend Elite Protein

Catalyst 120

I listed

may contain IGF-~. It would need to be prohibited, product contains J contains IGF-1. then contains IGF-1, then supplerrienf·~· ContaTns colostrum, whicii. -:P=-o_s_soi.b--:-ly---+-,.,IGc-::F::--~--:-:-(ifthe -·· If th-e colostruir1~-l-Tf.tl1e· colostri:im ___ _

tested to sl1ow whether it contains IGF-1, requires it) has been 1 tecilnically you technically you i i 1 and even then, it is debatable whether we testin~, but~ a prohibited since i would ne_ecl a would _ne_ed a

I 1 .

1

coulcl prove petiormance enhancement very diffiCUlt 2004 prescnpt1on. 1

prescnpt1on. : 1 , given the low bio-availability of colostrum case to run. , 1 However, t11is is sold 1 1

1 1 J taken orally. i j op~ml~ so people are 1 1

I i 1 1

usmg 1t Without one. 1 I

L:__~":'._~":: · =-=~~G~~n:u~~;;=:"o~~o~ow what th:S i _·::= ~-... -. -. ----t _ :~ This document ir. the property of the Austr,1lian Sports Anti-Doping Authority It may not be copied without prior authorisation from the Director of Intelligence and lnvestigntions, AS/\Di-\.

fOR OFFICIAl USE ONLY- SENSITiVE

ASA.0005.6764

Page 36: 20140722 Affidavit Walker

w CJ1

l------1-- . ·st:ib$faniitfTyp~ >. WADA:~fiiitUs~]-~~ar:l.st;pr()hi!Jite:d --i'(:fA ~t~: _: ____ =] :,:qri.!YliDr:lLLa~l~~:fu~-~-..;1 10. Beta Alanine 1 Amino acid Not i

I prohibited ! I I

[T:r.-! Bioceuticals EPA/DHA ! Supplement containing lipids ;

. I I I

f.--:-::::----1-... . ... L.. ..... ·-·-····-······-··-----·-··---·--················--······-·············· 12. i Bio-identical testosterone I Male hormone - anabolic effects

I ... L.

:L3. 1 Blood doping I

ji,r.-18ranch Chain Amino Acids 1 (Aminobol)

: I I ! 115. 1 Caffeine

i

Introduction of autologous (your own), homologous (someone else's) or heterologous (from animal) blood into your

1 own blood stream to improve Supplement containing amino acids

No prohibited substances noted on label. S1 prohibited

i substance

M1 prol1ibited method

No prohibited substances noted on label. Not proflibited

26"64:-··---

-··t······ 1 2004

I

l

. ·~~ .. --.,.... ········----1~--.-i S4- Prescription ! ll''le-,g:-a'l w-;;cith;-o-u-:t i Only Medicine I prescription

Not a substance Not a substance-

I

lie:·' Carnitfne (L-Carnitine) i Acts as an anti-oxidant ·Noi____ ···-··-~·······-··- j ---·---1 ' I h' . I ! Pro 1brted 1 i i:ti:-," Cei·ebroiysin·---------~ A mixture of different neurotrophic factors Not rN-oCiistec:ron the j Nofifiegal ----------~ , i 1! ?esigned to improve co~nitive function and ~ prollibited i SUSMP 'I '

i i m the treatment of alzhe1mers desease ! I 1

j:fs·.-·rcTC-12ff5 Grovvth Hormone Releasing Hormone - r·s2-prollibited 2004 --Notifsted-·on the j Not illegar···

l:JI

1

-CiOniid · -- - -- ::::.::::~:::ve:~::::,bolic-effe:.ps 1

:::::,~::ted ho54 1 :::~escriPtiOn---~lllegal witllout

prevents side effects of steroids. substance I Only Medicine prescription I I ! -----------.....l----------------- ·--·--··-.-·· ................. ~ ..... L .. -~¥-- ~-.. --1

This document is the property of the Australian Sports Anti-Doping Authority (ASADA). It may not be copied without prior authorisation fr~·;;;·;:h~-Director of lntelliermce and Investigations, 1\SI\Di\.

OFFICIAL USE ONLY-r-- '~'\

ASA.0005.6765

Page 37: 20140722 Affidavit Walker

w 0'>

-~-\~~~~;:~~ Qio 1 ~~~~~~1nce Type --· ______ -:_--· -~!bAsfiiliiS Year 1st prohibited \ ~~~~~~~~~~:~~h:==::~::l:~~~:~~~~~aw-statusl

21. \ ~o~~~~:~~ne) -··--~·······-·\-st:!b:Stai1cei11ost ~ornmoniyi'ound-in-breasC {~~~ii~~d IGF-1_(if ~ product \Tt~;~oiostrcJi:i1···-··\Tr the ?olostrurn

l. ! rmll<. May contain IGF-1. Any substance prol!iblted, contams 1t) has 1! contams IGF-1, tl1en ! contarns IGF-1, then

! alleging to contain colostrum would need to requires been prohibited technically you I tec11nica!lyyou : ! be tested to show whether it contains IGF-1, testing, but a since 2004 would need a ' would need a

l I and even then, it is debatable whet11er we very difficult prescription: pr.escription, though 1 could prove performance enllancemem case to run. However, tl11s would 1t 1s Vf:ry doubtful

I, j J given tl1e low bio-availability of colostrum greatly depend on whether law-! 1 tahen orally. the nature of the enforcement would

I l substance prosecute.

1·22: · ·comfrey ............. _ .. __ -:~-~~n~e~~~~~::~:c!~r~~=1d to treat wounds and ~:hibited ~-----·····-····---- ~~~~~eel on the -Not illegal·-·

~ 23-:-- Nitrogenous organic acfCl=-su[:iposed''to -Not ! I Notregistel:ecCoi1 t·NolTiiegal I

i assist with Prohibited the SUSMP

I . .. . . -·- ------- i ··------·--·---I2Lt: fbHEA ··············· · ·----·-------~- N'aturally occurring anabolic steroid S1 prohibited 2004 1 S4 ·Prescription Illegal _wi~llout I \ Dehydroepiandrosterone I substance \ Only Med1c1ne prescnpt1on

25. i Dimethyl stiTFoxide(bMSO) 1ci;eai11use(fto reduce joint inflammation ' Not -------· .......... ·········--····--+l-cS-c4c---Pr_e_scripUor;---jlllegar\vithouF I J prohibited I oniy Medicine 1 prescription i

-26:·r·boxycyCilne' _____ ......... -... rAi1tlbiotic used to treat infection ~~~1ibited I -·------r·~~~~~;~~i~~ij;,~~on I :;~,~~~'r(;~~~JC-- .... \ ! i ! I I

m-:-~~~A_·A~-----~=-~~--= . -~-·--==~=:. :~_M_o_i~~~E~i'_-o_rmation required I ---==~=~~=~=~--=--------- -----·-·---~ ------~==~=~:] 28~ Fisll Oils Usecl for joint inflammation Not I I )

! prohibited I : : r29-:-hmRP~€f____ ·---- -~~~~~~--:~~r~~~~~~~)~:~~~~s~~~b~~P~~:ct;. ;~:~~~~~ted '

1

1-266'4 ·------ ~~~~~~e(Ton thi-: Not ille-gal-----'" · I Described as a secretagogue - stimulates ) body's own secretion of HGH _ ·------· ·--·------ --· __ _

~o:-·l-Giucosamine''- I Supplements to assist joints Not !

prohibited I

------------.................... ······------·· This document is the property of the Australi<>n Sports Anti-Doping Authority (ASADA). It may not be copied without prior authorisation from the Director of Intelligence and lnvestir,alions, AS/\DA.

FOR OFFICIAl USE

ASA.0005.6766

Page 38: 20140722 Affidavit Walker

w -..J

I _Substance · ... Subst<:mc€)Type :: !.~:·' -.·· .. -•· -~'ijADA~t~tus fYear1s,tprohlblted ,TGNstatus

L Glutamine One of the 20 amino acids encoded by the Not I Not listed on tl1e stnndard genetic code prohibited ! SUSMP

I ! 32. I GlutathiOne {GSH) ! Tripeptide -------------------------------- Not

! ! prohibited L__ ___ ,~<''~·~--~.~~•••--~~··-••••·fi--.-·~h-··• , ... .J,-.,.,,,,,.,.,,,,,,,,,,,,,.,., • .,,., .... , ........ .,,.,w••~-·-- •

I ;;: rr:~~ RAGE- II ~~~~aii~~orn:_:~~~~~ill~~Th~iamlamine or I Prohibited [August 2012 ! geranium stem (DMAA) 1

! More information required 1

.-35:rHexaref1i1 (HEX) Growtll Hormone Releasil1gpeptid~ S2 prohibited I 2004 ! I assists with recovery and anabolic effects i substance

·-·-··

Criminal-Li\\Y~~atus -· Not illegal

Not illega-l --

c··l Transdermaljinjection

~HMB--------· _j ~:::b~~~~~~~= AminoACidleUcine. ~~ibRed __ i l~~~~d.ontlle _I Not iUe:~: ___ l i 37. ! Hormone (hGH} 1 Tile hormone that causes the release of S2 proflibited 2004 i S4- Prescription !Illegal without I ! i 1 IGF-1 whicfi mal~es the body grow. substance I Only Medicine 'I prescription I I I b ! r3s:·l HP-100 I ;~~~:~~;~~~~~-supposedly helps with ~~\1ibite·~--------- -r~3~~~ecl o-n-the --pJOiiTfegar---·-----~-

~3-9-:-1 i=fur:nanofort I Suppl_ement - supposedly helps with I . exerc1se recovery , I I 1

i I

rO~HYdiiii;;te- --l' Supplement used to help With hydcaHon. :~:~~~z~: i thts would be

I prohibited.

. N~

I prohibited

Not ·-t prohibited I

i

.................. --,--------·----··-·----·-----· f'lot listecl on the Not illegal 1 ~SMP I

Not listed on the SUSMP

I i Not il!egai·----·-------

'

1 I ! ~r~~~~.taken L_,,~l~-~-~~-- ·--!...----..~oH••-••'>'-"'"'' "•-••••-

~-··---·--·--·---·-··--·---··-

This document Ls the property of the .A.ustrali;m Sports Anti-Doping Authority (ASADA). It may not be copied without prior authorisation from tlw Director of Intelligence and Investigations, ASADI\.

FOR OFFICIAL USE ONLY-

-----· _.,

ASA.0005.6767

Page 39: 20140722 Affidavit Walker

c...> CXl

[ ··rsutisfanca·~- Substanc~_!iPJC_________ WADAstatus Year 1st prohibJ~cf~-~=f$_~~~~~~us····-·····---:f6riminai·Law status .

1

'4:LTiGF-1. Peptide -·tile substance tile body produces 1

S2 prohil)ited 2004 S4- Prescription Illegal without

I Insulin Growth Factor Long when you take hGH 1 substance Only Medicine pn"Jscription

! I R3 I L___ ' ................................................................. - .... - .

I 42. I IGFi LR3 Peptide -the substance the body produces 1 S2 prohibited i I Insulin Growth Factor wl1en you ta!~e I1GH I substance

! 43-:-jlnsulin Anti='diaG"etes"'drt:ig~Aiso used to assist I S2 prohifi1tecrr·2a64' ! ! nutrients to muscles and thereby have an I substance

I anabolic effect : ! 44. ; lnterleukii1=6 _________ ·· ·-j .. p;(:y:t(i]{Jn-e (secreted protein) that acts as i Possibly so -

pro and anti-inflammatorY agent. i but this will

2004 S4- Prescription Only Medicine

Illegal witilol:it prescription

S4 - PresciTjJUor)' "I T!Tegal without Only Medicine prescription

·--...................... 1 ................................ .

1 Not listed on the I SUSMP

I Not illegal

1

1 be very hard · ! to prove , j 4~-r.-i Intravenous lnfusfo.ns-t"fvfusi-nat'exceed 50mL per 6 hour period M2 2005 fNotasubstance ... , ... Not a substance I I and/or injections (IV) I unless legitimately received in tile course of prollibited ! ! I · I hospital admission or clinical investigations method

1 l !I

(other than 1 I , listed) ' i i

I

A peptide whicl1 boosts 11aemoglobin in the S2 prohibited 1 2004 I Not listerfoi1Tfle~-~ .. ~ Nofliiegal ···----~~-! (Myo-inositol bloodstream. Used in horse racing (against substance 1 I SUSMP !

trispyrophosphate) the rules of racing) i · !

. 47. I Lactaway______ .. ----Anti=oxidant supposed to help with reducing I Not

ha I Lube aiiPJUs---- --- ;~;;;;::::,:::;::,~:lammation I ::hiblted i , prohibited

\ ................ L ........... ___________ _ __ ................. ·--·-----......................... --------·---... n----·~------!J ...... _ .... ____________ _ 1 49. 1 Mechano Growth Factor Peptide- Similar effects as GHRPs 1 S2 prohibited 2004 I ~ot listed on tile Not illegal I l ! substance ! SUSMP , L.,,,,,,,,, ___ ,,,., ,,.... '''''''''''''''''" .... "'-''--'"'_'_, ___ ~ __________ .! __ , _____ ,,,,~- l _______ j ___ ,., .... ,, ... , ''''''"' .. """

.......................................... - ........... 1 ............................... _ . Not listed on the Not illegal SUSMP

.... , ....................... _ ........................... __ 1 1\iofiTfegal

-----------------------.... -. ....................... ,__ ·-· .. This dowment is the property of the Australian Sports Anti-Doping Authority (ASADA). It may not be copied without prior authorisation from the Director of lntolligence and Investigations, ASADA.

FOR OFFICIAl.. USE ONLY-

ASA.0005.6768

Page 40: 20140722 Affidavit Walker

CN <.o

f-&!:-i·-~~~~~~f~~:r·---~---···----:._,_+1:~~:~i~~~t~·!"-~-~-· _. 22· C ~ . ~:,DA staius ~ Year 1• prohibit~!~~:~~iption -r:r~~~;t;::,:;"atus 1 prohibited i Only Medicine prescription

51. I Melanotan-2 i Tanning peptide with libido enhancement Not -----~ j. -§4.-- ·rrescr(ption Illegal withoi:if • · · ·l 1 and weight loss effects prohibited Only Medicine , prescription ; i , i I i i I l 1 1 i I

L _____ ...... l ................................. -~--·--------------~-- .................. .. ..... _l__ _ __ j_ _ . __ l i 52. I Melatonin 1 Research required I I L..:::.=.:.... .. !---·-·········· .......... .. ...................... .............. ---- ·-i··········------·.. .

/

53. i Naltraxone - Low dose Adjunctive therapy in maintenance of ! Not r· S4 - prescription ! (LON) former opioid dependent patients provided 1 prohibited only I in tablet form I

i--5-4-. -+i-PfateT€itRicf)'pj8sm'iiTPRPf Extt:actlcin''of own blood, spun down and Not !

Treatment separated. Plasma extracted and re- prohibited 1 ·1 SUSMP I qualified physician . injected into the site of injury. ! . st:crrr-o5rotrc-- : ----- 1 ------ ··-·

1

--·-·------ ·········-··

1

·----····

jl I 'II ! fs6. J Product B ! Manufactured by Jsagenix - --"·I -·-1------i 1 I 1 1 I i I i .. L ____ _._ .... _ ............. _____ L_________ .

I i S5 substnance - I No illegal

I ~ use with cautioc

fso. h:~~;;-- ~~~:1 ;;;:':;;~,:;~~~!';,~:~~;~;o~~ulators -~~r--~u-1b-~-~o-at-~~-b0-ite_d___,l_2_o_o_s_ :_-___ ·t~~~~~ed o~-,:~~~NOIT!'.,...Ie_g_a7J ---·

I :: ~:~:: mo~~~~~~~- ~~~=:~:~::,o::~~:c:ptor Modulator l ~~~~~~;~t:04 ~~~;;:~~ L.__L ......... --- ....... ______ . --·-.... ..

··-·-~~--

'

. Illegal :vi~f1olit prescnpt1on

!

This document is the property of the Australian Sports Anti-Doping Authority (ASADA). It may not be copied without prior authorisation from the Director of Intelligence and Investigation!>, ASADA.

FOR OFFICIAL USE ONLY-

ASA.0005.6769

Page 41: 20140722 Affidavit Walker

.t:>. 0

.,=--~-=Ls.~§~~Ji"ce SUbstanceTyp~---··-·: . . . WADA status Year 151 prohibite9 - I§.~.~!~tus -==-=<?rlmlnart:awstafus·--62. Stem cell therapy Used to treat degenerative lnJUnes Not Performed by

t prohibite\1 qualified physician 63. · Tf.\65··-· -- used lr1-ar1t\-=8gell1"fi_________ Possibly so - -----·----- --------~·----- · ·--·--~

1 64: ~~~!ZePalii · - ~~~~:~~o;;,:::on req";red - ---Nor - -t I S4 - Prescdphon h;iOgii[WiiFIOUi L prollibitec! I I Only Medicine I prescription

65. r·restosterone Male hormone- anabolic effects ----·----S1 prohibited 2004 S4- Pres-cription --- ... Tllegal witi1oLii" ____ _ i substance Only Medicine prescription I I

66. I Thymom"oCiiifiil" - .. - --· "s"t:ii3stai1ce derived from calf thymus"gfiii"iiCisTNot Not listed on thr:l -·-i\JOHiiegaC" I -supposed to assist with illness protection. 1 prohibited SUSMP

Not illegal·-····-· 1 67. \ T!lyrriosrn-Afpha ··· -·--~··substance derived from calf thymus glands 11\Jot Not listed on tile !__j_·-·-~-- .. ::::~.~EE~.?~~.!~. assist with illness protection. ! prohibited _ S~SMP 1 68. l Thymosin Beta 4 J Substance derived from calf thymus glands I Prohibited S2 2011 Not listed on the 1 I i -supposed to assist with illness protection. I

1 SUSMP

i I i L.... i 69.1 Tribestanol - ---·Asi'rbrand name for Tribulus - supposed i Not ,,. NotTiStecro-n-The-· i natural testosterone booster 1 prohibited SUSMP

l7o. irrf5uTus---------~ : ·ria11C .. extracY. used in supplements - I No prohibited ------)-Not listed on the-- ·1 Not illegal ---------

1 I I supposed natural testosterone booster I 1

I SUSMP II

! 71-:-l-vitamin A, B, c;·E - --, IV, Injections -r~:~i~:::---1 I ~~~~~e(j on the I r~ot Hiegal ·--········· ...

72. i Wiley Protocar···- ···········--p=rori11"o'i1e replacement therapy that uses I S1 prollibitecl i 2004---~ Testosterone anrJ . Tfestoste·l:o·i1eai1cf . i 1 bio-iclentical hormones. Believed to contain substance I I DHEA S4- I DHEA ·· Hlegal ! · both DHEA and Testosterone (probable) I I Proscription Only 1 without prescription 1

I I Medicine , j 73. I WinstroT ......... ----···· rsrandniilm-e-:;fo_l_" S:=ct:--a_n_o_zo-;1-o,..,l ('"s--ee-a-;-b-ov-e-:)---l-:;s""1;--pr-o7h""ib...,.it;-·e-cd:--+! -;:2:-::0:-::0:-;4;----- --TS4- Prescription I Illegal witl1oLif _____ !

substance ! I Only Meclicine I prescription

-=:::workiiUtSupplement I No prohlb;ted I -. ~~~~~1'ed on j Not Hlegal

···illot"ifiegaT···· ······-····-·· -

Not illegal

7 4. I Xtreme Blast

This document is the property of the t\ustralian Sports Anti-Doping Authority (ASADA). It may not be copied without prior authorisiltion from the Director of Intelligence and Investigations, ASADA.

FOR OFFICIAL USE ONLY- SENSiTIVE

ASA.0005.6770

Page 42: 20140722 Affidavit Walker

ASA.0005.6771

,;)NADA.•Ja\us• ' I. Yli•r ~~' prohlbit.d. -mil ~!!!bls • . . rGri!Jl)l'l" :r:aw:status

I l -~-----~L······-·--·····················-·····------------------J____---·--'- ·--···--·-·· .... -~ .......... _. _____ _

--------------- ····-- -This document is the property of the Australian Sports Anti-Doping Authority (ASADA).It may not be copied without prior authorisation from th(J Director of Intelligence <lnd Investigations, ASAD1\.

FOR OFFICIAL USE ONLY-,.~,

~

Page 43: 20140722 Affidavit Walker

APPENDIX 8

Annexure 1

Anti-doping rule violations

Australian Sports Anti-Doping Authority Regulations 2006 Schedule 1- The NAD scheme, Part 2, Division 2.1, Clause 2.01.

{1) The purpose of this Division is to specify the circumstances and conduct that constitute breaches of the anti-doping rules, or anti"doping rule violations. Entries onto the Register of Findings will proceed based on the assertion tt1at 1 or more of these specific rules has been violated.

(2) Athletes and support persons are responsible for knowing what constitutes an anti-doping rule violation and the substances and methods that have been included on the prohibited list. The following anti-doping rule violations constitute breaches of the anti-doping rules:

(a) Presence of a prohibited substance or its metabolites or markers in an athlete's sample.

(i) It is each athlete's personal duty to ensure that no prohibited substance enters his or her body. Athletes are responsible for a prohibited substance or its metabolites or markers found to be present in their samples. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the athlete's part be demonstrated in order to establish an anti-doping violation under this paragraph.

(ii) Sufficient proof of an anti-doping rule violation under this paragraph is established by either of the following:

A. presence of a prohibited substance or its metabolites or marl\ers in the athlete's A sample if the athlete waives analysis of the B sample and the B sample is not analysed;

B. if the athlete's B sample is analysed and the analysis of the athlete's B sample confirms the presence of the prohibited substance or its metabolites or markers found in the athlete's A sample.

(iii) Excepting those substances for which a quantitative threshold is specifically identified in the prohibited list, the presence of any quantity of a prohibited substance or its metabolites or rnarkers in an athlete's sample will constitute an anti-doping rule violation.

······~·····,-----~-- "'"·----~~---·-····--··-·····-.. -- ·········--- ................ ------This document is the property of the Australian Sports Anti-Doping Authority (t\SADA). It may not he copi!;d without prior authorisation

from the: Director of lntel!igr;nce and Investigations, ASADA.

FOR

ASA. 0005.6772

42

Page 44: 20140722 Affidavit Walker

(iv} As an exception to the general rule established by tl1is paragraph, the prohibited list or International Standards may establish special criteria for the evaluation of prohibited substances that can also be produced endogenously.

(b) Use or attempted use by an athlete of a prohibited substance or a prohibited method.

(i) It is each athlete's personal duty to ensure that no prohibited substance enters his or her body. Accordingly, lt is not necessa1y that intent, fault, negligence or knowing use on the athlete's part be dernonstrated in order to establish an anti-doping violation for use of a prohibited substance or a prohibited method.

(ii) The success or failure of the use or at1en1pted use of a prohibited substance or prohibited method is not material. It is sufficient that the prohibited substance or prohibited method was used or attempted to be used for an anti-doping rule violation to be committed.

(c) Refusing or failing without compelling justification to submit to sample collection after notification as authorised in applicable anti-doping rules, or otherwise evading sample collection.

(d) Violation of applicable requirements regarding athlete availability for out-of-competition testing, including failure to file required whereabouts information and missed tests that are declared based on rules that comply with the International Standard for Testing. Any combination of 3 missed tests or filing failures within 18 months as determined by anti-doping organisations with jurisdiction over the athlete will constitute an anti-doping rule violation.

(e) Tampering or attempted tampering with any part of doping control.

(f) Possession of prohibited substances and prohibited methods.

(i) Possession by an athlete in-competition of a prohibited method or a prohibited substance, or possession by an athlete out-of-competition of a prohibited method or any prohibited substance t11at is prollibited out-of-competition unless the athlete establishes that the possession is authorised by a therapeutic use exemption granted in accordance with the World Anti-Doping Code and the International Standard for Therapeutic Use Exemptions or other acceptable justification.

(ii) Possession by a support person in-competition of a prohibited method or a prohibited substance, or possession by a support person out-of-competition of a prohibited method or a prohibited substance that is prohibited out-of-competition in connection with an athlete, competition or training, unless the support person establishes tl1at the possession is autliorised by a therapeutic use exemption granted to an athlete in accordance with the World Anti-Doping Code and the International

······~-----.-~ .. -·-···-·· '-~·-····-----··· «·--·----······.-······ ············-···-····-This docurnent is the propertv of the Australian Sports .fl.nti··Doping Authority (ASADA). It may not be copied without prior authorisation

from the Director of Intelligence and Investigations, ASADA.

ASA.0005.6773

( '

43

Page 45: 20140722 Affidavit Walker

Standard for Therapeutic Use Exemptions or other acceptable justification.

(g) Trafficking or atten1pted trafficking in a prohibited substance or prohibited method.

(h) Administration or attempted administration to an athlete in-competition of a prohibited method or prohibited substance, or administration or attempted adn1inistration to an athlete out·of-competition of a prohibited method or a prohibited substance that is prohibited out-of-competition, or assisting, encouraging, aiding, abetting, covering up or other type of complicity involving an anti-doping rule violation or an attempted anti-doping rule violation.

, .•........ ,_ ....... _ ................... _____ ~------Thls docum(;nt is the- property of the Austrciian Sports f1nti .. Doping Authority (ASADA). it may not be copied without prior authorisation

frorn the Director of lnteHigence and Investigations! ASADA.

FOR

ASA.0005.6774

44

Page 46: 20140722 Affidavit Walker

Annexure 2

Sporting Organisations- Definitions

Australian Sports Anti-Doping Authority Act 2006 (C\vth), Part 1, Section 4, 'Definitions'.

Sporting organisation includes an organisation that:

(a) !las control in /\ustralia, a foreign country or internationally of one or more sports or spotting events; or

(b) organises or administers one or more spotts or sporting events; or

(c) accredits people to take pa1t in sporting competition; or

{d) provides teams to corn pete in sporting competition; or

(e) trains, or provides finance for, people to take part in sporting competition.

National sporting organisation, in relation to a particular spott, means:

{a) in respect of Australia:

(i) a spotting organisation that is recognised by the International Sporting Federation that has international control over the sport as being the organisation responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia; or

(ii) whether or not there is an International Sporting Federation that has international control over tile sport-a sporting organisation that is recognised by the ASC as being responsible for administering the affairs of the sport, or of a substantial part or section of the sport, in Australia.

ASC means the Australian Sports Commission

Sporting administration body means:

(a) the International Olympic Committee; or

(b) WADA; or

{c) a National Anti-Doping Organization as defined in the World Anti-Doping Code; or

(d) a foreign sporting organisation; or

--·~·· .... ,.,_ ....... ,_.__"_' ··········- -.............. ,,,_,_

This document is the: propErty of the Australian Sports Anti-Doping Authority (ASADA). lt may not be copied without prior authorisation from the Director of Intelligence and Investigations, ASADA

FOR USE

ASA.0005.6775

(

45

Page 47: 20140722 Affidavit Walker

(e) a national sporting organisation; or

{f) a sporting organisation; or

{g) a tribunal, committee or other investigative body that is associated with a body refetred

to in one or more of paragrapl1s (a) to (f); or

(h) the ASC;

but does not include the ASADA, the Advisory Group or the ADRVP.

------····--·-------···· ··········· ····---·-·-···--·------This document is the pror,erty of the /l.ustralian Sports Anti-Do pine Authority {ASAD!I). It may not be copied without !irior <<uthorisation

frorn the Director of lntei!ig<:nce and IIWE:stig;,tions, ASADA.

-SENSITIVE

ASA.0005.6776

46

Page 48: 20140722 Affidavit Walker

Annexure 3

Obligations on Sporting Administration Bodies- NAD scheme

p,ustra!ian Sports Anti-Doping Authority Regulations 2006 (C'vvth), Sclledu!e 1- Tl!e NAD scherne, Clause 2.04 (a) - (p).

A Sporting administration rnust:

(a) at all times have in place, maintain and enforce anti"doping policies and practices that comply wit!1:

(i) the mandat01y provisions of the World Anti-Doping Code and International Standards; and

(ii) the NAD Scheme; and

(b) not adopt its anti-doping policy unless it has been approved by ASADA or not substantively amend its anti-doping policy unless tl1e amendment has been approved by

ASADA;and

(c) ensure that at all times it has tile authority to enforce its anti-doping policy; and

(d) immediately inform ASADA of an alleged breach of its anti-doping policy and cooperate with any investigation into the matter; and

(e) provide to ASADA appropriate details or reports related to investigations, hearings, appeals and sanctions; and

(f) provide ASADA with relevant information in a timely manner, including spotting

administration body and International Federation anti-doping policies, policy amendments, policy endorsement and implementation date, athlete whereabouts

information, athlete education, information relating to events and camps, lists of athletes subject to anti-doping policies and advice relating to athletes in ASADA's registered

testing pool and domestic testing pool; and

(g) ensure that other rules and regulations of the sport do not override the provisions of its

anti-doping policy; and

(h) comply with, implement and enforce its anti-doping policy to the satisfaction of ASADA;

and

(i) submit to the operations of ASADA; and

(j) refer all instances of possible anti-doping rule violations to ASADA for investigation and

cooperate with any investigation, as required; and

----- - ·--·-··-·····-·-··-····--··---···········--···· This document is the property of the ;\ustr:alian Sports Anti-Doping Allthority (ASADA). It may not be copied without prior authorisation

from the Director of Intelligence and Investigations, ASft.D.!J..

USE -SENSITIVE

A SA. 0005.6777

47

Page 49: 20140722 Affidavit Walker

(

(k) allow ASADA to present anti-doping cases at hearings unless ASADA !1as approved the sporting administration body presenting its own case; and

(!) recognise ASADA as having a right to appeal decisions relating to anti-doping cases, including ln cases ASADA has not presented the anti-doping case at the hearing; and

(rn) accept findings by ASADA, ensure an infraction notice is issued in accordance with ASADA's recommendations in the case of an adverse finding, and enforce penalties imposed in accordance with ASADA's recommendation unless ot!1erwise determined by a sporting tribunal; and

(n) ensure that its members and staff cooperate wit!1 ASADA; and

(o) promote information, education and other anti-doping programs in accordance with the World Anti-Doping Code and as requested by ASADA; and

(p) comply with any other conditions relating to anti-doping and notified to it by the ASC that the ASC is required by legislation or by ASADA to require from sporting organisations to which the ASC provides funding, services and support. 2s

?.3 Australian Sports Anti-Doping Authority Regulations 2006 (C'wth), Sci!edule 1- The NAD scl!en1e, Pa!t 2, Clause 2.04{a)-(p).

This document is the property of the {.,ustralian Sports Anti-Doping Authority (ASADAj. it may not be copied without prior authorisation from the Director of Intelligence and Investigations, ASADA.

FOR USE

A SA. 0005.6778

48

Page 50: 20140722 Affidavit Walker

APPENDIXC

Annexure 1

ARL and NRL anti-doping policies - 2011 and 2012

See Attached

This document is the property ofthe Australian Sports Anti--Doping Authority (ASAD!I). It may not be copied without prior Buthorisation from the Director of Intelligence and Investigations, i\SADA.

USE

ASA.0005.6779

(

49

Page 51: 20140722 Affidavit Walker

nvn.vvvv.ut ou

Annexure 2

AFL anti-doping code - 2010 {which was the applicable code in 2012}

See attached

This document is the property of Lhe />.ustralian Sports Anti-Doping .".uthority (ASADA). It lll<lY not be copir".d without priN authorisation from the Director of Intelligence ond Investigations, /:..5/.\DA.

ONlY·~

50

Page 52: 20140722 Affidavit Walker

FEDERAL COURT OF AUSTRALIA DISTRICT REGISTRY: VICTORIA DIVISION: GENERAL

ANNEXURE AW-2

ESSENDON FOOTBALL CLUB (ACN 004 286 373)

Applicant

THE CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY

Respondent

AND BETWEEN

JAMES ALBERT HIRD

Applicant

THE CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY

Respondent

NO VID 327 OF 2104

NO VID 328 OF 2014

The following pages 51 to 60 is the annexure marked AW-2 referred to in the affidavit of Aaron Richard Walker made 22 July ?014 before me:

.. . !3«.~~~---Qualification

Filed on behalf of the Respondent,

Prepared by: Craig Rawson

Australian Government Solicitor.

Address for Service: Australian Government Solicitor, Level 21, 200 Queen St, Melbourne, VIC 3000 [email protected]

File ref: 14097050

Telephone: 03 9242 1248 Lawyer's Email:

[email protected] Facsimile: 03 9242 1333

DX 50 Melbourne

51

Page 53: 20140722 Affidavit Walker

APPENDIXB

Documents to be provided to interviewee by ASADA

Preliminary

The Australian Sports Anti-Doping Authority (ASADA) and the Australian Football League (AFL) investigation involves an allegation that AFL athletes and support persons may have used prohibited substances including, but not limited to, growth hormone releasing peptides and human growth hormones. It is also alleged that some AFL athletes and support persons may have engaged in prohibited methods.

The use of prohibited substances or methods may constitute a breach of the World Anti-Doping Code and the AFL's Anti-Doping Code 2010.

Your obligations

The AFL's Anti-Doping Code imposes an obligation on Players, Clubs, Officers and Officials to notify the AFL General Manager - Football Operations (or his delegate) of all facts and circumstances where the Player, Club, Officer or Official believes there is or may be an Anti­Doping Rule Violation or other breach ofthe Code (Rule 12.2).

Further, Rule 12.7 states:

Each Player, Club, Officer and Official must upon the request of the AFL General Manager Football Operation or the AFL Medical Officer:

• fully co-operate with any investigation; • fully and truthfully answer any question asked for the purpose of such investigation;

and • provide any document in their possession or control relevant to such investigation.

If you have possession or control of documents relevant to the investigation, you should declare that fact to investigators so arrangements can be made to inspect them.

The AFL is keen to ensure that confidentiality is maintained during this investigation. For that reason you are not authorised to disclose any facts or circumstances learnt by you during the course of this interview except for the purpose of legal representation and then only on the condition that those matters are kept confidential between you and your legal representative.

Page 1

ASA.0002.3971

52

Page 54: 20140722 Affidavit Walker

Your rights

You may be represented by a legal practitioner.

In the absence of a legal practitioner, you may bring a support person with you to the interview, however, this person will not be an active participant in the interview.

Failure to comply

Failure to comply with the requirements in this notice may be acted upon by the AFL as a breach of the AFL's Anti-Doping Code which if perused by the AFL could be sanctioned at the discretion of the AFL Tribunal under Anti-Doping Code rule 14.11.

Potential benefits of co-operating

There are potential benefits to you if you co-operate with ASADA's investigation. The benefits flow from rules in the AFL's Anti-Doping Code which are based on and identical to those in the World Anti-Doping Code {WADC) with respect to "Substantial Assistance".

Substantial Assistance

Substantial Assistance is where an Athlete, Athlete Support Personnel or other Person who may have committed potential anti-doping rule violations co-operates with anti-doping organisations and provides assistance and information to establish anti-doping rule violations by others. It may be possible to receive up to a % reduction in the otherwise applicable two­year sanction if you provide Substantial Assistance.

There are strict guidelines under the AFL's Anti-Doping Code and WADC which govern any reduction in the period of Ineligibility you may receive arising out of the assistance you provide to ASADA throughout the course of its investigations. A full copy of the relevant rules relating to Substantial Assistance extracted from the AFL's Anti-Doping Code and WADC is on the following pages.

How Substantial Assistance works

If you satisfy several conditions ASADA may recommend that the AFL seek to impose a penalty on you of six {6) months Ineligibility instead of the otherwise standard two (2) year sanction. This means that after six (6} months you can go back to training and competing in sport. To receive this discount you must:

e waive your right to a hearing under the AFL's Anti-Doping Code;

Page 2

ASA.0002.3972

(

53

Page 55: 20140722 Affidavit Walker

e fully disclose in a signed written statement all the information you know in relation to anti-doping rule violations;

e fully co-operate with the investigation and hearing of any case related to the information you provide in your statement, including, for example, giving evidence at a hearing if requested to do so by ASADA and/or the AFL; and

e provide truthful information that is credible.

To qualify, the information provided must comprise an important part of any case which is initiated or, if no case is initiated, must have provided a sufficient basis on which a case could have been brought.

Timing of Substantial Assistance

The earlier in the investigation you co-operate and provide useful information that amounts to Substantial Assistance, the greater the discount you are likely to receive.

If you delay in providing information to ASADA and/or the AFL, you run the risk that the same information will be obtained from someone else. If that happens when you do decide to co­operate your information is not likely to form an important part of any case and you will not be entitled to any discount for Substantial Assistance.

It is important to note that if all the criteria in this letter are fulfilled by you and any reduction in sanction is given to you (including the suspension of three quarters of the maximum period of Ineligibility) the World Anti-Doping Agency (WADA) still has a right to appeal the sanction to the Court of Arbitration of Sport. In any such appeal it would be for you, with the support of ASADA and the AFL, to demonstrate that the sanction was suspended reasonably and in accordance with the AFL's Anti-Doping Code and WADC. You will be aware that sanctions of 6 months were imposed on the cyclists who co-operated in the Lance Armstrong case and that no appeal was made by WADA seeking longer sanctions.

A full explanation of the substantial assistance provisions are outlined in the World Anti-Doping Code 10.5.3. A copy of this particular provision will be provided to you on request.

Page 3

ASA.0002.3973

54

Page 56: 20140722 Affidavit Walker

World Anti-Doping Code 10.5.3

Substantial assistance in discovering or establishing anti-doping rule violations.

An Anti-Doping Organization with results management responsibility for an anti-doping rule violation may, prior to a final appellate decision under Article 13 or the expiration of the time to appeal, suspend a part of the period of Ineligibility imposed in an individual case where the Athlete or other Person has provided Substantial Assistance to an Anti-Doping Organization, criminal authority or professional disciplinary body which results in the Anti-Doping Organization discovering or establishing an anti-doping rule violation by another Person or which results in a criminal or disciplinary body discovering or establishing a criminal offense or the breach of professional rules by another Person. After a final appellate decision under Article 13 or the expiration of time to appeal, an Anti-Doping Organization may only suspend a part of

ASA0002.3974

the applicable period of Ineligibility with the approval of WADA and the applicable International ( l Federation. The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti-doping rule violation committed by the Athlete or other Person and the significance of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate doping in sport. No more than three-quarters of the otherwise applicable period of Ineligibility may be suspended. If the otherwise applicable period of Ineligibility is a lifetime, the non-suspended period under this section must be no less than 8 years. If the Anti-Doping Organization suspends any part of the period of Ineligibility under this Article, the Anti-Doping Organization shall promptly provide a written justification for its decision to each Anti-Doping Organization having a right to appeal the decision. If the Anti-Doping Organization subsequently reinstates any part of the suspended period of Ineligibility because the Athlete or other Person has failed to provide the Substantial Assistance which was anticipated, the Athlete or other Person may appeal the reinstatement pursuant to Article 13.2.

[Comment to Article 10.5.3: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti-doping rule violations to light is important to clean sport.

Factors to be considered in assessing the importance of the Substantial Assistance would include, for example, the number of individuals implicated, the status of those individuals in the sport, whether a scheme involving Trafficking under Article 2.7 or administration under Article 2.8 is involved and whether the violation involved a substance or method which is not readily detectible in Testing. The maximum suspension of the Ineligibility period shall only be applied in very exceptional cases. An additional factor to be considered in connection with the seriousness of the anti-doping rule violation is any performance-enhancing benefit which the Person providing Substantial Assistance may be likely to still enjoy. As a general matter, the earlier in the results management process the Substantial Assistance is provided, the greater the percentage of the period of Ineligibility may be suspended.

If the Athlete or other Person who is asserted to have committed an anti-doping rule violation claims entitlement to a suspended period of Ineligibility under this Article in connection with

Page 4

55

Page 57: 20140722 Affidavit Walker

the Athlete or other Person's waiver of a hearing under Article 8.3 (Waiver of Hearing), the Anti-Doping Organization shall determine whether a suspension of a portion of the period of Ineligibility is appropriate under this Article. If the Athlete or other Person claims entitlement to a suspended period of Ineligibility before the conclusion of a hearing under Article 8 on the anti-doping rule violation, the hearing panel shall determine whether a suspension of a portion of the period of Ineligibility is appropriate under this Article at the same time the hearing panel decides whether the Athlete or other Person has committed an anti-doping rule violation. If a portion of the period of Ineligibility is suspended, the decision shall explain the basis for concluding the information provided was credible and was important to discovering or proving the anti-doping rule violation or other offense. If the Athlete or other Person claims entitlement to a suspended period of Ineligibility after a final decision finding an anti-doping rule violation has been rendered and is not subject to appeal under Article 13, but the Athlete or other Person is still serving the period of Ineligibility, the Athlete or other Person may apply to the Anti-Doping Organization which had results management responsibility for the anti-doping rule violation to consider a suspension in the period of Ineligibility under this Article. Any such suspension of the period of Ineligibility shall require the approval of WADA and the applicable International Federation. If any condition upon which the suspension of a period of Ineligibility is based is not fulfilled, the Anti-Doping Organization with results management authority shall reinstate the period of Ineligibility which would otherwise be applicable. Decisions rendered by Anti-Doping Organizations under this Article may be appealed pursuant Article 13.2.

This is the only circumstance under the Code where the suspension of an otherwise applicable period of Ineligibility is authorized.]

Substantial Assistance: For purposes of Article 10.5.3, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statement all information he or she possesses in relation to anti-doping rule violations, and (2) fully cooperate with the investigation and adjudication of any case related to that information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping Organization or hearing panel. Further, the information provided must be credible and must comprise an important part of any case which is initiated or, if no case is initiated, must have provided a sufficient basis on which a case could have been brought.

Page 5

ASA.0002.3975

56

Page 58: 20140722 Affidavit Walker

Commonwealth Criminal Code

Division 137-False or misleading information or documents

137.1 False or misleading information

(1) A person is guilty of an offence if: (a) the person gives infonnation to another person; and (b) the person does so knowing that the infom1ation:

(i) is false or misleading; or (ii) omits any matter or thing wifuout ;.vhich the information

is misleading; and (c) any of the foll0\v1ng subparagraphs applies:

(i) the infomL.'ltion is given to a Commonwealth entity; (ii) the information is given to a person \Vho is exercising

powers or perfonning fimctions under, or in connection with, a law ofthe Collllllomvealth;

(iii) the infommtion is given in compliance or putported compliance with a law of the Commonwealth.

Penalty: Imp1"isonment for 12 months.

(lA) Absolute liability applies to each of the subparagraph (l)(c)(i), (ii) and (iii) elements of the offence.

(2) Subsection (1) does not apply as a result of subparagraph (l)(b)(i) if the information is not false or misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).

(3) Subsection ( 1) does not apply as a result of subparagraph (l)(b)(ii) if the information did not omit any matter or thing without which the infonnation is misleading in a material particular.

~ote: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).

(4) Subsection (1) does not apply as a result of subparagraph (l)(c)(i) if, before the infommtion was given by a person to the Commonwealth entity, the Commonwealth entity did not take reasonable steps to inform the person of the existence of the offence against subsection (1).

Climinai Code Act 1995 173

ASA.0002.3976

(

Page 6

57

Page 59: 20140722 Affidavit Walker

Note: A rlefeudant bears an evidential burden iu relation to the matter in subs&tion (4). See subsection 133{3).

(5) Subsection (1) does not apply as a result of subparagraph (l)(c)(ii) if, before the information wns given by a person (the first person) to the person mentioned in that subparagraph (the second person), the second pe1·son did not take reasonable steps to inform the first person of the existence of the offence against subsection (1).

Note: A defendant bears an evidential burden iu relation to the matter in subsection (5). See subsection 13.3(3).

(6) For the purposes of subsections (4) and (5), it is sufficient ifthe following form of\vords is usE>d: "Gi\ing false or misleading information is a serious offence".

137.2 False or misleading documents

( 1) A person is guilty of an offence if: (a) the person produces a document to another person; and (b) the person does so knowing that the document is false or

misleading; and (c) the document is produced in compliance or purported

compliance ·with a law oftbe Conunonwealtll.

Penalty: Impris.munent for 12 months.

(2) Subsection (1) does not apply ifthe document is not false or misleading in a material particular.

Note: A defendant bears an evid~ntial burden in relation to the matter in subs&tion (2). See subsection 13.3(3).

(3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a compet.::'nt officer of the body corporate:

(a) stating that the document is, to the knov,;ledge of the first-mentioned person, :t:'llse or misleading in a material particular; and

(b) settil1g out, or refe1ring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.

~ote: A defendant bears an evidential burden iu relation to the matter in subs&tion (3). See subsection 13.3(3).

ASA.0002.3977

Page 7

58

Page 60: 20140722 Affidavit Walker

137.3 Geographical jurisdiction

Section 15.4 (extended geographical jurisdiction-category D) applies to each offence against this Division.

Page 8

ASA.0002.3978

59

Page 61: 20140722 Affidavit Walker

Australian Sports Anti-Doping Authority investigation following on from Australian Crime Commission report into Organised Crime and Drugs in Sport (ACC Report}

ASADA is currently conducting an investigation across sports following on from the publication of the ACC Report. This investigation is complex.

ASADA representatives have, by invitation from sports, addressed player groups to explain the investigation process and players' rights and entitlements should they wish to come forward.

• Should other teams or clubs wish for ASADA representatives to address their player

groups, ASADA will do so.

0 ASADA will explain to the players as a whole the sanctions and defences (including but

not limited to the defence of no fault or negligence) that may be applicable under the

anti-doping policy of their sport.

0 Where a player comes forward to be interviewed and provides a sworn statement

regarding his involvement and the involvement of any other person in a possible anti­

doping rule violation, ASADA will give favourable consideration to not opposing an

application for a reduction based on substantial assistance.

• It will be for each player to establish any defence they wish to rely on before a sport

tribunal. Where a player seeks to rely on the defence of no fault or negligence before a

sport tribunal, and ASADA forms the view at the conclusion of its investigation that all

the elements of the defence are established in respect of that player, ASADA will give

favourable consideration to not opposing an application to rely on this defence at a

sport tribunal.

• ASADA will assist sports in providing an expedient process for those players who wish to

come forward and give their version of events to assist the investigation.

• ASADA's investigation will take its normal course and will not be undermined or

compromised.

0 Any player that is found to have lied or deliberately withheld information from

investigators about possible anti-doping rule violations will be taken to have aggravating

circumstances and may face a 4 year ban from sport in addition to other consequences

that might apply.

Page 9

ASA.0002.3979

60