Lawyer sets out a defence for Dons

Stephen Dank, left, denies using illegal drugs in supplements given to Bombers players. Picture: Phil Hillyard Source: The Daily Telegraph

ANY Essendon player found guilty of taking banned substances could mount a compelling case to avoid suspension, a leading Melbourne sports solicitor said yesterday.

Paul Horvath said a letter that sports scientist Stephen Dank showed the club and a consent form signed by the players to take supplements could also be used in their defence.

It would also help their cases if they had been asked questions about the supplements and were provided with answers by club officials responsible for scrutinising all processes.

"That defence will go a long way if anyone were found to have used a banned substance," he said.

Dons furious over Dank drug letters

"A lot of the facts of this case, without going into individual specifics, might give rise to a player being able to avoid a suspension, but it is difficult to say."

Horvath said Dank could be sued under Australian consumer law for possible misleading conduct if he said he had a letter from WADA that approved the use of anti-obesity drug AOD-9604.

He said he believed the letter was correspondence from the Australian distributor of the drug.

"My expectation is that it is a letter from a government-based agency to the organisation to say something along the lines this is an experimental drug or words to that effect," Horvath said.

"The fact that a letter came from a government agency to that particular drug company legitimises Essendon's use of it and legitimises Dank's use of the drug.

"If those things are correct, it may be inaccurate terminology to say that Dank said that he had a letter himself from WADA. I haven't heard what he said directly.

"If he said that he has a letter that makes our use at Essendon WADA-compliant, then that is accurate."

Horvath said the letter from the drug company might take the drug out of the specifically banned category.

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