But when not being comfortably satisfied that the gear that was tested actually was TB4, surely determining what it wasn't, can assist?Making a fairly big assumption there that CAS actually looking for what was administered and what happened. I doubt that the be able to examine that as the be relying on the written submissions of both parties. Unless the players defence team actually changed tatics and went with an alternative substance theory I can't see how they could examine this. IMO CAS would also think they be hesitant at looking at taking a big picture look at what happened during the players case as Dank is accused of administering a number of substances beyond TB4 and has some charges subject to appeal at CAS.
That's where I can't find examples of the AFL Tribunal being flexible enough in determining what they took.
ie. If it wasn't TB4, what was it then? They've ruled out thymomodulin, so what else realistically could it have been?
If there are no other alternatives, then surely it creates more and more probability that it actually was TB4.
There's no concrete proof that the TB4 actually went to Essendon. So where did it go then?
Unless there are realistic alternatives to where it might have actually gone, then again it surely it becomes more probable that it actually did go to Essendon.
I mean really, it basically comes down to Dank saying he gave them thymomodulin and ASADA saying they took TB4. Although the burden of proof is on ASADA to prove it, surely unless Essendon or Dank can provide some evidence of thymomodulin being at the club then the probability it wasn't thymomodulin gets quite high. Then if it wasn't thymomodulin, what was it?
Players being questioned, and Reid being questioned, in my opinion is either 1 of 2 things:
1) They're guilty and it was an exercise in determining whether or not they were duped
2) The CAS actually wants to dig deeper and won't be comfortable with a 'not comfortably satisfied' verdict with a 'but yeah, they probably did it though' asterix on the end. Which is what the AFL came up with.