zero doping – cero dopaje

September 24, 2012

Travis Tygart USADA You have no idea what justice is in the Armstrong case.

Filed under: Athletes — admin @ 2:46 pm

It seems to me it  was a bad decision putting a  lawyer”  “Travis Tagart” to head up USADA. Prosecution lawyers, and lawyers generally do not concern themselves with justice, they consider only winning for their client within narrow definition of the rules, in this case the carefully crafted one sided  rules of  federations, not the law of the land.

How can you make sure someone is guilty and give them a fair defence?

Jurisprudence and  the judicial process demands a hearing before guilt is determined in which an accused is allowed to both hear and challenge evidence and given notice to prepare, in which  the prosecution aimed at winning, the judge aimed at upholding rules and jury who decide guilt are all different and independent people. And that is why the law of the land is what it is.

Only after that process can guilt be determined, and the guilty sentenced.

It is clear that USADA are afraid of the law, which is why the force athletes to agree to this one sided farce  in which Travis Tagart seemingly  wants to play judge jury and executioner, dictating guilt and sentence, and the accused only has right to just as one sided arbitration decided by a different federation.

The problem is , with these mock executions USADA brings a process which needs to be squeaky clean into further disrepute and controversy.

I do not know whether Lance is guilty or Innocent. I am happy to believe either based on the facts.

What I do know is he has the right to be treated as innocent until proven guilty by a court process
in which proven liars and cheats like Hamilton and Landis and  others that cut sweat heart deals
are treated as totally unreliable witnesses.

Lance is right to stay clear of this banana republic injustice , in which a decision is made behind closed doors by USADA and Tygart in which they  choose which facts   are considered, then decide guilt and pass sentence.

It is sad that Travis Tygart has turned such a serious business into yet another doping  farce by trying to use  a banana republic justice system. No wonder USADA appear  afraid of the legal system, and want to create  their own instead. 

My advice? Find someone else who is impartial, who is interested in justice and jurisprudence,  Whise first job is to put a proper process in place, which if separate from ordinary judiciary  must be modelled on the same,  in which the public can trust. Then and only then give Lance a hearing with all the normal legal safeguards.

If a proper process said Lance was guilty , in which Travis Tygart does not play judge  jury and executioner  then and only then will I believe it!

I am reminded of the Butch Reynolds case, in which thes institutions railroaded inadequate justice through a flawed process that went all the way to the supreme court. Reynolds only lost an appeal on a massive settlement for that because by having these myriad of quangos they can then argue on which one has jurisdiction for any who have the temerity to challenge.

I suspect it is the Butch Reynolds case, that made the system even more one sided as it is now: which basically says – if we say you are guilty , you are guilty.

They need to know the process has victims. I met Diane Modahl for example, and if proof is needed these quangos are fallible, people need look no further than her.

I want clean sport too. But the difference I suspect between me and Travis Tygart, is I not only want to see justice, I want justice to be seen to be done. Not current injustice which says “If we say you are guilty, you are, trust us.” The public want and deserve better than that.

July 2, 2012

Lance Armstrong. USADA – Where has justice gone?

Filed under: Athletes — admin @ 11:22 am

What has happened to justice?

 Alberto Contador failed a drug test. Process followed, and when his  B sample confirmed he was provisionally suspended, pending a hearing.  

But in armstrong’s case there is no physical evidence at all. He has never failed a doping test.

Yet he is suspended simply on mere allegations despite being adjudged no case to answer by a grand jury investigation, and is not even given the evidence on which to defend himself against allegations.

All we know about his accusers are such as Landis , a self confessed liar and cheat – and others “bribed” into accusing armstrong in return for immunity for themselves. Clearly all suspect evidence.

How can they suspend on the base of suspicion?

This makes a further laughing stock out of a sport.

What happended to basic principles of lawa?

  • Justice needs to  be done.
  • Justice needs to be seen to be done.
  • Justice should be impartial.
  • Innocent until proven guilty beyond reasonable doubt.

Lance – I hope you read this – I know nothing about law, but I hope you take it to supreme court, to show how your basic rights are infringed – better still, I hope you take defamation cases out against  your accusers for an abuse of process.

On this site we hate dopers, but just as much we hate the arbitrary response of doping agencies, which make it too much of a birth country lottery.

August 5, 2011

I feel sorry for Thomas Voeckler – failed by the drug authorities

Filed under: Athletes — admin @ 1:05 pm

Thomas Voeckler is sport entertainment personified.

The reason I watch sport.  The underdog who reaches hidden depths to compete with those at the top of the tree. He made the tour de france this year a spectacle to remember for all time..

He has also been let down badly by the drug authorities.

When contador attacked and Voeckler was finally dropped, was the time when Voeckler slipped from the podium. There is a good chance – I believe – he would have been on the podium but for one Alberto Contador.

But should Contador even have been there? He failed a drug test one year ago without a doubt, and his case is still pending. That is outrageous , that one year on these pen pushing beurocrats (who all should be sacked) are still trying to a arrange a date for a hearing. Over a year on.

Contador too was booed on some stages.

There are only two possibilites. Either he is deemed a drug cheat, in which case he should not have been there, and Voeckler may well have been on the podium. And what of the other events whose outcome was influenced by Contador? Can history be rewritten.

Or he is cleared to race in which case Contador should not have suffered the undoubted turmoil and indignity of having the sword of the ban hanging over his head. How can anyone compete well, with that on their minds? They have damaged contador too.

Reality is the drug authorities have failed both Voeckler and Contador.

Drug doping should be handled RAPIDLY.  CONSISTENTLY. TRANSPARENTLY so justice is not only done , it is seen to be done.

But our authorities handle the case SLOWLY,  INCONSISTENTLY and with as little transparency as they can muster.

Does Leshawn – Merritt a place in London Olympics?

Filed under: Athletes — admin @ 12:55 pm

We have long campaigned on this site for a level playing field between all sportspeople.

We hate drug cheats with a passion, but judgement  must be consistent.

If the penalty for doping says 2 years for the first offense, it surely must mean two years.

  • It should not mean two years extended indefinitely to five, as it seems to have been for dwain chambers, who is still barred from competing.
  • It should not mean 21 months as a matter of convenience , as it has for Leshawn Merritt – welcomed back into competition.
  • It should certainly not mean “no further action” as it appears to have done for Alberto Contador, with hearings deferred indefinitely.

How can the public have confidence faced with such abitrary decisions as these? Those in authority, you are becoming a laughing stock.

We really are facing the prospect of Leshawn Merritt competing in London where Dwain Chambers will be refused. That cannot be right.

February 7, 2011

Contador and the Appeal.

Filed under: Athletes — admin @ 6:11 pm

In a desparately slow process, it seems Contador will appeal any dope suspension as is his right.

It does beg an interesting contrast.

I do not wish to take sides here, or proclaim either innocence or guilt.

But remember Contador was the beneficiary of the tour title by default because  Michael Rasmussen was summarily thrown out of the tour for a number of missed drug tests, but more importanlty pulled by his team.

I have commented elsewhere that I dislike the apparent double jeopardy, that Rasmussen lost the postcdode lottery. Because of where he was born , he was subject to two sets of tesing, national and international, unlike Contador at the time.

But imagine.

If Contador’s sample result had been available immediately, then would his team have been pressed into suspending him PENDING investigation , so he could not have won the tour. The point I make is at least Contador was given the chance to win the tour, and now can appeal that judgement.

Rasmussen cannot appeal his tour victory, because he was prevented from doing so, yet of the two of them,  Contador is the one who actually failed a test!

To me all of this highlights an out of date, system which takes forever to deliver an arbitrary verdict which as much as anything depends on where you were born.

Contador has apparent lenience by the Spanish Federation and because of support is trying to give a year suspension ,where it was clear, that the Danes did their best to condemn Rasmussen and push him out of the sport.

It makes the entire process a laughing stock whoever is guilty and innocent..

January 28, 2011

Contador Treatment Disgraceful!

Filed under: Athletes — admin @ 10:43 am

Am I alone in thinking that Alberto Contador’s treatment has been disgraceful?

One the one hand I have every sympathy with Contador, simply on the length of time these beurocrats take to reach a decision.

It should not , and must not take 6 months of speculation.

There must be a thorough investigation, but the federations must gear up to do that in a matter of a couple of weeks, so that no sooner the announcement of the doping than the announcement of the decision if anything.

The beurocrats have safe jobs. It makes no difference to them, whether it takes a month or a year. But how can  Riis and Saxobank  function, not knowing even as late as february who his star rider will be?

The delay means those running the sport, operate in complete indifference to how it actually functions.

On the other hand the federation itself has given a decision of a one year ban which means nothing.  You cannot be “a little bit” pregnant.

Either they judge a doping offence was committed on the basis of rules and evidence  to hand, in which case a 2 year ban is mandatory.

Or they judge that there was no case to answer.

In which case he should be treated as innocent.

This “half way house”  of one year ban does yet more to damage the reputation of the sport.

It is also highlights the stupidity of a system, just like the one in athletics, where the central agency uses local federations to fire the bullets for it, it decides the “right” decision and overrules federations if they disagree.

Nonsense. Either the UCI should be responsible or the federations. Take your pick.

In athletics it became clear why the two tier  structure existed as long ago as Butch Reynolds and Diane Modahl. The central agency  wanted to take the decisions, but not be the ones to face compensation fines from legal action. 

All that is needed is:

A set of rules strictly adhered. A process operating in at most a couple of months,  with a clear chain of authority.

To watchers of the Rasmussen affair it seemed as though he faced double jeopardy,  with separate international and federation doping controls, without which he would not have missed too many tests.

And whilst no support of drug offences, the rules should be the rules At the end of the ban, that should be the end.

Rasmussen has served his time, so the present treatment of Rasmussen by the DK federation is completely unnacceptable.

November 22, 2010

Four Year Ban on the Cards

Filed under: Drug Test Policy — Tags: , — admin @ 12:54 pm

WADA are now pressing for four year bans for drugs it seems

A fascinating article:

LONDON — Enough with the tough talk. Let’s see some action.

That’s the message from international anti-doping officials, who are becoming convinced that two-year suspensions are too weak and want sports bodies to start imposing four-year bans to send drug cheats a stronger message.

Under the World Anti-Doping Agency code that took effect nearly two years ago, athletes can be punished with bans of up to four years for a first offense in “aggravating” cases.

However, federations and national doping bodies have stayed away from the four-year penalty, apparently worried that tougher penalties won’t stand up in court or simply because they’re content to stick with the two-year sanctions.

WADA Director General David Howman said those who wanted the option of tougher punishments seem to have lost their nerve.

“This four years was something that people who were advocating stronger penalties really wanted us to include, and so it was included,” Howman said in an interview with The Associated Press. “But 18 months later, it’s hardly being used, if at all.

“When it comes to the crunch, obviously people are not willing to be as tough as they sound.”

Howman said the longer ban is intended to benefit clean athletes.

“They don’t want to be lining up against people who cheat,” he said. “They get a two-year penalty and, quick as a flash, they’re back again.”

Arne Ljungqvist, the International Olympic Committee’s top anti-doping official and a WADA vice president, agreed that the four-year sanction hasn’t been used enough.

“No one has been doing it, so we are waiting for a suitable test case,” Ljungqvist told the AP. “So far people are still living with the idea that two years is the standard ban, which should not be the case in serious cases like EPO and steroids and the like. We will take action once we have a good case to pursue.”

Some legal experts argue a four-year ban for a first violation is Draconian and a restraint of trade. Costly court cases could make sports bodies think twice before trying to impose a four-year punishment.

“A four-year ban is effectively a life ban in most sports,” said Mike Morgan, a London-based lawyer specializing in doping regulations. “It is a very big step to take to impose that. … The day we start seeing four-year bans, it has to be justified. They really have to back it with some robust arguments and evidence.”

Four-year bans used to be the norm, but the penalty was cut in half after there were complaints that it went too far and wasn’t legally enforceable.

See the original here: well worth reading the rest!

http://sports.espn.go.com/espn/wire?section=oly&id=5792502

Our opinion? Yes – we are all for ANYTHING that cleans up sport – But…

i/ How can you know that drug violation is deliberate, not for example the result of deliberate spiking -

ii/ The procedures need tidying up. With the best will in the WORLD, athletes cannot say exactly where they will be months hence. How about common sense prevailing? A phone call  up to eight hours  before to agree a place and time with the athlete? Testers seem to be far too precious. Christine Ohurugu was clearly not shirking a drug test even that day. But she was unable to cross london in time for the testers. Why did  they not come to her..or meet somewhere in between?

iii/ To pronounce a death sentence on an athletes career you had better be certain. I mean really certain!!! – That means shoddy test procedure should be met with the same culpability as doping. ie – The lab manager and technicians who fail to follow procedure should themselves be given a four year ban on further athlete testing. 

iv/ The playing field should be level. Either ALL countries athletes can compete in the olympics on end of bans, or none.

And finally one we campaign for!!! – The process should have run its course at the time the media announce. B samples already tested, and decisions taken on suspensions – to prevent the speculations. Leaks from laboratories (particularly french)  should result in the lab being excluded from any further testing.

September 30, 2010

Contador dope test should NOT have been published yet

Filed under: Athletes — Tags: , , — admin @ 12:38 pm

It is a dreadful situation.

Alberto Contador has been called into question after a suspicious test result for a trace of Chlembuterol – and provisionally suspended for a positive but trace test on a rest day sample.

But before final decisions and testing confirm the finding.

Contador himself blames food poisoning

Riis cycling with whom he is due to sign, has suspended judgement on the issue, pending the outcome of investigation

Regardless of the outcome of this, I think there is a FAR bigger issue.

Why has the situation been made public BEFORE testing has concluded? It reminds you of many previous breaches when even leaked results from test labs have pointed fingers before the conclusion of the process.

It just should not happen. In my view the officials that made it public should be suspended with immediate effect.

The process must be fair, rigorous, applied equally to all with out fear or favour. AND CONFIDENTIAL until final judgement is cast.

The sport continues to be a public relations disaster. And the testing continues to look amateur because of revelations like this

David Millar has spoken out on the issue in my

September 19, 2010

Landis – A WORLD Speaking Invite? Why?

Filed under: Athletes — admin @ 1:41 am

Astonishingly – In the developing saga of Floyd Landis, He has been invited to a conference at the world cycling championships to discuss doping.

The organiser defended his action by saying they wanted an inclusive and no holds barred discussion.

I have to question his inclusion.

The only thing you can be CERTAIN of with Landis is the Man is a liar and self confessed cheat.

Having given two opposing sets of testimony, the ONLY thing you can be certain of is that  he lied - what you cannot be sure of is which version of the “truth” is false, or indeed whether BOTH versions are “economical with the truth”

It seems in remarkably poor taste. At very least they should allow the federal US saga to play out to see whether he is further lambasted by federal sources too.

No doubt he will use the platform for further smearing of all and sundry.

August 2, 2010

Europeans Championships 2010 Barcelona – Great sport but the shadow of doping!

Filed under: Athletes — Tags: , , , — admin @ 1:02 pm

Thankfully the Championships at Barcelona passed off without serious drug incidents, to reveal what sport is really about – exciting racing! – and epic battles in some of the jumps, and middle distance races, showed how good drug free sport can be.

It also revealed the long shadows and contrasts, never more stark than in the ladies 1500m. Lisa Dobriskey has made her views known and rightly so!

Two athletes she lined up against:

Take Anna Alminova who  is coming off a 3-month drug ban for  taking a “cold medicine” – I assume ephedrine. Too many Russian women have been busted for drugs the last few years – take the urine substitution scandal at Bejing.  Thus dominating performances raise eyebrows. 

When Tim Hutchings and the international broadcasters openly raised their suspicions on the broadcast: stating that her performance in the paris diamond league, was not just “good” they  wondered whether it was “too good” – the fastest time for years. So the question remains was it real?

And the diamond league shows another dark contrast – with another athlete who beat Lisa Dobriskey that day Frenchwoman Hind Dehiba, a convicted drug cheat who finished ahead of dobriskey.

You cannot help but wonder why both of them – Alminova and Dehiba – have been allowed into diamond league events at all  when Dwain Chambers is  not.

There is clear double standards on the part of the French.

Then take Oliveira Jevtic in the marathon, whose crime is ostensibly the same as alminova, a 3 month ban for a cold cure imposed at the New York marathon, who Paula Radcliffe remarked in commentary  was barred from the big city marathons seemingly as a result – and had no options but to race in championships. An indefinite ban, If I understood what Paula said correctly that is.

My clear statement to organisers. Double standards do not help.

Clear rules, that apply to all. No exceptions, no preferential treatment. A ban that is served, is the record wiped clean. The question over how long the ban should be is a separate issue completely. And whatever is decided it must apply to all – regardless of country or local olympic association.

But well done Barcelona! Some great races and competitions – that will go down in the memories of all who saw them.

From the wonderful gesture of Jesus Espana welcoming Mo Farrar as new 5000  champion, to the tears of Blanca Vlasic , when finally getting ahead in a red hot jump competition that kept all on their seats. Too many memories to pick just one!!

July 28, 2010

The doping rules must be the same, even for Dwain Chambers

Filed under: Athletes — Tags: , , — admin @ 2:10 pm

I am no fan of drug cheats.  Zero doping . Zero tolerance.

But theres the rub. The rules must be the rules whoever you are. Whether you come from spain, UK or colombia, the doping rules must be the same.

And there is the problem. To the disgrace of himself, and all associated with him Dwain Chambers cheated. No doubt about it, and was not as contrite as he should have been.

A ban is a ban, is a ban. If the rule says  Two years is  the penalty. Two years must be imposed. Not a day less. Not a day more, and there it must end.

Can it be right that only because he lives in the UK Dwain Chambers will be prevented from olympic competition. Or that he is excluded from Golden League?

Whatever the rule is, it must be the same for everyone. If EVERYBODY is excluded from olympic competition, so must dwain. Or all must be allowed to compete.  The sport must choose. But it cannot depend on where you live – and it cannot be arbitrary either.

This arbitrary power of the BOA is a throwback, to the days of “gentlemen in blazers” controlling sport. It must now be professional. Have rules. And stick to them. Regardless of who you are or where you come from.  If you are danish or spanish or english, it must be the same tests, The same ban. The same right to compete.

It is a completely separate issue whether we have a lifetime ban. If we do – it must be for all. Not just Dwain.

When is a drug not a drug?

Filed under: Athletes — Tags: , , , , — admin @ 11:45 am

I am confused.

Read the story as it was reported in media:

“The Jamaican Shelly-Ann Fraser, the Olympic and world 100-meter champion, withdrew from a Diamond League meet after her club said she failed a doping test in May. Bruce James, president of the MVP Track and Field Club, said it was a “minor doping violation” caused by taking medication to treat a “toothache.” James told The Telegraph of Britain that the drug was the painkiller Oxycodone, banned by the World Anti-Doping Agency, but not listed as performance-enhancing or as a masking agent”

Surely WADA is about peformance enhancement or attempts to mask such drugs and practises.

So why is a drug banned which does not enhance? Or if it does enhance  why is it not listed as such?-  It is greyness that gives rise to ambiguity, gives rise to controversy.

And if this is just a toothache remedy, why are we penalizing athletes for this? It reminds me of the day Elana Meyer was deemed to have violated by virtue of drinking too much coffee!!

Black and White.

There must be rules,  rules with a proven purpose and background. And black and white adherence to them. Grey will always be a problem.

It is not just about the technical ins and outs – it is about keeping the public onside and supportive.

July 18, 2010

Should I be Worried about Lance?

Filed under: Athletes — Tags: , , , — admin @ 1:06 am

The tour de france seemed to be going so well. No revelations this time. And I am hoping that the likes of Vinikourov have learned their lessons and will not be so stupid as to risk capture again.

But a dark cloud is gathering.

It seems the federal authorities in the USA are taking Floyd Landis’s allegations seriously.

The same man who headed up the investigation into BALCO laboratories will now be examining evidence arising from the Landis revelations.

Clearly Landis is not the best of witnesses. You cannot strenuously deny allegations of doping for so many years THEN be taken seriously when you say “OK, I did it, and all these others are cheating too…”

They say that some other US postal riders are willing to cooperate (although this maybe heresay) – the federal authorities have also said they are only interested in team leaders.

Surely THAT is a defence that has not worked since nuremberg…”but my leader told me to do xyz” has never been a defense in law.

That aside, what worries me most is the carefully crafted statement from the Armstrong camp.

- That Landis’s revelations are a “carton of sour milk” – one sip and you know it is bad.

- That you cannot trust a word that Landis has said!

What seems to be missing to me is a very strenuous denial of all allegations. And a clear statement that he and the team were clean, before and after the remarks above.  Of course that could be just the fact that after so many accusations, you simply run out of steam in denials.

I hope so, I hope for the sport Armstrong is and was Clean.

I am glad that Hincapie has come out with a far more emphatic denial. 

It will be devastating for the sport  if the allegations are proven at any level.

Pat McQuaid Has come out in support of armstrong. I hope he is right.

One of the iconic moments of the tour I will remember for a long time…was Lance and Jan Ullrich on the lower slopes of Alpe Huez. Lance accelerates. Turns – stares at Ullrich, then dances away up the hill to win.

I hope that was pure talent.

June 24, 2010

Splintered Testing Policy – An Ill Wind Blowing No Good

Filed under: Drug Test Policy — Tags: , , , , — admin @ 8:25 pm

When agencies compete for the right to test athletes it cannot be anything other than divisive for the sport as a whole.

WADA turned down a request from the French Anti-doping Agency who wanted to carry out their own tests at the Tour de France.

Claiming “that it has access to confidential information from police and customs that it cannot share with other organisations”

And with that hangs a serious problem.

Our sport can only suffer from the lack of a unified face.

Whilst I don’t want to come down in any direction on the Ramussen case a couple of years ago at the TDF – I can have sympathy with Ramussen’s contention over jurisdiction.

For as long as he was complying with testing from UCI, should he really have DOUBLE the calls on his availability simply because of being a Dane, where Contador had only UCI restrictions because of where he lived?

At the time it SOUNDED like very much like a grudge to settle by the Danish federation, for the unwillingness of Rasmussen to compete on a Danish stage, and whether or not that was actually so is almost irrelevant.

Open a crack, and the media will crowbar it out to a chasm.

It cannot help the image of sport when federations seem to be bickering over jurisdiction.

So please agencies – have these discussions behind closed doors, then pronounce a decision with a unified face

Surely if there is sufficient cause to suspect a crime is being committed under french law with proper evidence for the same then there are procedures that can be used to pursue that.

I have to assume the evidence is far more circumstantial than that and that the TDF is as much arguing from a “rights” point of view than prima facie evidence of crime.

I can understand of course how the TDF is concerned about the damage done to its name. Sat where I am the Rasmussen affair was not handled with nearly enough discretion by the TDF.

June 23, 2010

The Placebo Effect

Filed under: Controversy — admin @ 6:15 pm

It is a fact. The belief that a drug is doing you good, can manifest itself as the symptom that IT IS doing you good. Mind over matter. Trials have shown that chalk pills can work wonders if the person believes they are a beneficial drug.

Which brings an interesting problem

It is clear that many athletes respect religion, indeed regard firm religious belief as a corner stone of success.

One of the celebrated cases was “eric lidell” whose story was promoted by “chariots of fire” – the belief that his athleticisim was a gift of God, and he used it as a soapbox to promote faith.

But thereby hangs an interesting question.

If the placebo effect is know to achieve positive results.

If the athletes believe that their success is due to a higher power.

If athletes carry religious artefacts – take rosary beads and consider they have a positive value, then the placebo effect will make belief come true.

Is this using artificial performance enhancement to improve performance?

Is this doping by psychological means?

This blog aims to stimulate discussion. It cannot answer such questions. What do you think?

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