BroDeal said:
Jeebus! No one can even post a summary of rules and what they believe the effective consequences will be because people are too freakin' stupid to figure out that it is not a direct quote from WADA rules, so much so that they start harping on a member because of it in post after post. What's next? Page after page of d-bags picking apart grammar and punctuation? Maybe we should all sit around and exchange pieces of googled articles.
I don't think this is nit-picking. Python made three points that he said were summaries of WADA rules. But there is no conceivable summary of the rules that says there is absolute, no exceptions possible, strict liability. In fact, Python's (ii) contradicts (i). (i) says not a molecule is allowed, while (ii) says CB is allowed if the athlete can produce the meat sample.
But it's not just producing a meat sample that allows you the possibility to get off. If that were all that was allowed, Python himself back in March would not have fallen all over himself praising Bert's lawyers for taking a strategy aimed at showing Bert had no liability. His team's argument was not that he had produced the meat; it was that the possibility of contaminated meat in Spain was so small. Python--correctly--pointed out that they were using that fact to show that IF Bert did eat contaminated meat, he was not at fault. I sure didn't hear Python complaining then, though, about how this move conflicted with WADA rules or their summaries. The rules were quoted in one of the Clinic threads back then, I think maybe by GJB or the late swordsman, and NOBODY in this forum suggested that Bert's strategy was against the rules.
Python's point (iii) says "laxed" standard. It is not "laxed", it is uneven, because through no fault of their own, not all labs have equipment with the same sensitivity. Even if they did, there is precedent for WADA allowing flexibility in setting standards, e.g., in the T test, where the number of substances and the degree of o/oo can vary. This flexibility is in the rules.
I think we can all agree that Nielson vs. Colo is an abomination, but is that really because WADA people are blind or stupid? They saw that they could not make a good case against Nielson. The only way they could have produced fairness is by appealing Colo's suspension, but by the time they appreciated that maybe they should, he had already begun serving it, and would have finished, anyway, by the time of the hearing.
Yes, Italy and Denmark interpreted the same rules differently. It happens all the time in our legal system. This is the price we pay for having some human input into decisions.