ASADA will tender written and recorded evidence from two key witnesses in its anti-doping case against 34 current and former Essendon players, but will not be able to question the men.
The Australian Sports Anti-Doping Authority on Friday lost its bid to subpoena Shane Charter and compound chemist Nima Alavi before the AFL's Anti-Doping Tribunal hearing, due to start on Monday.
ASADA said it had done everything within its power, including the Supreme Court bid, to get the witnesses to physically appear before the tribunal.
It alleges Mr Charter procured raw materials for banned peptide Thymosin Beta-4 and provided it to Mr Alavi, who compounded the materials into an injectable form, the court heard during submissions.
Mr Alavi then provided the peptide to a "support person", ASADA alleges.
The support person is believed to be former Essendon sports scientist Steven Dank.
ASADA said ideally it would have been able to present firsthand testimony delivered in person by all witnesses.
"Unfortunately, the AFL Anti-Doping Tribunal does not have the power to compel certain witnesses who do not wish to attend and give evidence in person," ASADA said in a statement.
Victorian Supreme Court Justice Clyde Croft on Friday said the application to have subpoenas granted under the Commercial Arbitration Act failed because the proceedings were neither an arbitration nor commercial.
Mr Charter has previously said Mr Dank asked him to buy banned peptide Thymosin beta-4, but said he didn't know which of Mr Dank's clients were going to use it.
Mr Charter said he did not know what happened to the peptide after it went to Mr Alavi and could not say if it was injected into Essendon players.
While the AFL's Anti-Doping Tribunal hearings will start on Monday, witnesses are not expected to be called until January.
The landmark hearing will not be open to the media.
If found guilty, the Essendon players are facing suspensions of up to two years.
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