The banned drug at the centre of the Essendon peptides scandal has been prosecuted by anti-doping authorities in up to three other cases in the past year.
As the Anti-Doping Rule Violation Panel, an independent body outside of the Australian Sports Anti-Doping Authority, prepares to weigh up the evidence in the Bombers' case involving 34 current and past players, it has emerged that the banned peptide thymosin beta 4 was involved in up to three separate cases involving "peptide hormones, growth factors and related substances".
In ASADA's 2013-14 annual report, thymosin beta 4 was listed among nine substances involved in the three cases. Other listed substances included CJC-1295 and GHRP-6, which gained prominence during the NRL's doping drama, and Hexarelin, which stimulates the production of human growth hormone and was also linked to the Essendon case.
The three cases were among the 41 people – 39 athletes and two support staff – who were placed on the Register of Findings in the last financial year, sparking infraction notices from their sports associations.
The Essendon players are alleged to have been administered thymosin beta 4 through the club's 2011-12 supplements program. They remain of the belief they were not given anything illegal. Stephen Dank, who oversaw the program, maintains he did not administer any banned substances. The players remain determined to clear their names before the AFL's anti-doping tribunal, having opted to not fight the show-cause notices in a bid to hasten the process.
While the three separate cases do not have any bearing on the Essendon saga, what it does prove is that ASADA, through the issuing of show-cause notices, and the ADRVP has experience in prosecuting the use of thymosin beta 4.
ASADA's case against the Essendon players is based on evidence gathered during an investigation. The annual report does not state whether those involved in the three separate cases tested positive or were also the subject of a probe. The three cases involving thymosin beta 4 also do not appear on ASADA's list of 2013-14 suspensions. This could mean the cases have not yet been heard.
Of the 41 people put on the Register of Findings, ASADA said 29 had waived their right to a hearing and accepted they had committed a violation. Eight had applied for a hearing before their relevant sporting tribunal and/or the Administrative Appeals Tribunal.
As the report concluded on June 30, it did not include the NRL suspensions handed to a dozen past and present Cronulla Sharks players in August.
Despite the NRL and AFL scandals, ASADA chief Ben McDevitt has revealed "the impact of supplements on athletes remains a concern to ASADA".
In the annual report, he has written that "more than half of the Australian athletes banned from sport in 2013 were a direct result of a supplement product containing a prohibited stimulant".
"This was an alarming development, so I wrote to the heads of sports in June 2014 in an attempt to turn this trend around.
"I urged sports to caution athletes about the use of supplements. We want athletes to clearly understand that if they use supplements containing prohibited substances they are risking their health, career and reputation."
Discussing Operation Cobia, which began in September 2011 and initially targeted the NRL before expanding to include the AFL, McDevitt said the anti-doping body had not been ready for such an extensive investigation.
"Based on my 30 years of experience in various national and international law enforcement roles, I do not think ASADA was ready for an investigation of the magnitude presented by Operation Cobia. I also believe any national anti-doping organisation in the world would have struggled to manage a doping investigation of this scale and complexity," he said.
McDevitt said ASADA had lost $1.25 million last year but this was "consistent with ASADA's obligations to operate within a maximum comprehensive loss of $2 million approved by the Minister for Finance".
When he initially issued show-cause notices to the Essendon players on June 12 this year – 25 days after replacing Aurora Andruska in the top job – McDevitt said "with the benefit of this evidence and advice, I reached the conclusion that these players have a case to answer under the code". The show-cause notices were re-issued after Essendon and coach James Hird lost their case in the Federal Court, having alleged an unlawful investigation had been conducted last year by ASADA and the AFL.
Hird has appealed, with his case to be heard by the full Federal Court on Monday.
