Publicus said:I think this is the rub. CAS essentially admits that it was more than likely the result of ingesting a contaminated supplement [snip] .
Dr. Maserati said:(1) To the first highlighted - no, not really. CAS said that supplement contamination was "more likely" than the other scenarios presented, but they then clarified that they were not convinced "beyond a reasonable doubt". [from 487 of the decision - posted below]
To the Blue - if AC has argued that it was through supplements then he would have had the opportunity to show that he (& Astana) took precautions in what they used. Simply put, in comparison to all the other theories presented there was a lack of evidence to prove/disprove this theory.
Dr. Maserati said:Good - can you then show how what I said in the my earlier response to you is in some way incorrect - because your above response insinuates that I deliberately did not highlight something of relevance.
My earlier post:
In point (1) above you are challenging my statement "CAS essentially admits that it was more than likely the result of ingesting a contaminated supplement" as being false (your comment "no, not really"). You then proceed to establish your argument by noting that even though CAS says it was more than likely the case, they "clarified that they were not convinced 'beyond a reasonable doubt'" that ingestion of a contaminated substance ACTUALLY happen. But that is not ALL that CAS stated. They went on to state "This [BEYOND A REASONABLE DOUBT] is not required by the UCI ADR or WADA..." By partially highlighting the paragraph, you give the impression that CAS has to find beyond a reasonable doubt that CB entered his system by ingesting of a contaminated supplement. In fact, in the very next sentence they state that the beyond a reasonable standard is not applicable here, that it only has to be more than likely. Hence, my statement that "CAS essentially admits that [CB entered his system] more than likely [as a] result of ingesting a contaminated supplement..." is actually correct and support by the plain reading of paragraph 487.
So what you were insinuating was incorrect.