- Oct 5, 2010
 
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Re: Re:
actually the charge is NOT that you inhaled more than the specified amount. The charge is that the amount in the urine is deemed to be not for therapeutic use. Effectively that a result of over 1000ng/ml means that it is deemed that you used over the amount allowed (either inhaled too much or used other banned methods), and you have to prove that your body excretes salbultamol in such a way that it is POSSIBLE that you could have inhaled the right amount and produced that result.
This is not suggesting that you prove what you DID inhale - just prove that you COULD have used the prescribed amount and returned that result. The ADRV is most definitely the urine measurement, not proving what you did take as it cant be proven.
			
			samhocking said:gillan1969 said:samhocking said:We are talking about the leaking of a piece of evidence. In Froomes case an AAF result before a decision, but the AAF result is not the crime itself is it. The crime itself is did he inhale more than the allowed specified amount. You wouldn't walk into a courtroom several months before a case has begun proceedings and be able to view the prosecutions evidence would you? That is my point, the case is not open to the public, only the proceedings. I've no problem with Froomes hearing being public whatsoever.
the AAF isnt evidence...it's the charge
and you've been listening to SDB too much...the 'crime' is not the amount inhaled....unless taking oral salbutomol not a 'crime'? As that could be an explanation could it not?
The AAF is not the charge. The ADRV is you inhaled more than the specified amount. The AAF is ultimately WADA's 'evidence' if it goes all the way, the athletes defence is his own evidence to explain the AAF within the boundary of not being an ADRV. That is why the substance is labled to be 'specified'. If the charge was the AAF, it would be labled 'non-specified' like Clenbutortol wouldnt it. And, the AAF would be essentially the ADRV with anything above the 1000 urine threshold immediatly sanctionable like Clenbutorol. It isn't and so the charge is based on the input of the prohibted substance, not the output like Clenbutorol is.
actually the charge is NOT that you inhaled more than the specified amount. The charge is that the amount in the urine is deemed to be not for therapeutic use. Effectively that a result of over 1000ng/ml means that it is deemed that you used over the amount allowed (either inhaled too much or used other banned methods), and you have to prove that your body excretes salbultamol in such a way that it is POSSIBLE that you could have inhaled the right amount and produced that result.
This is not suggesting that you prove what you DID inhale - just prove that you COULD have used the prescribed amount and returned that result. The ADRV is most definitely the urine measurement, not proving what you did take as it cant be proven.
				
		
			