Case Featuring Landis Legal Expert Prevails at CAS

[Colm.Murphy]

I just caught up on this story, and it seems that a similar problem existed in the Floyd case, relative to the starting and stopping of equipment. Not trying to open a can of worms here but also found it interesting that a member of the Landis legal team assisted in the case, and they prevailed on technical issues similar to the Landis case.

Important is this portion of the story:

In one of the more flagrant rule violations, the Beijing lab submitted documents that seemed to show that a testing instrument had been running continuously and properly when in fact its operation had been interrupted. The panel's written opinion referred to the document as a "cut and paste representation.''

According to the opinion, "If an athlete is to be sanctioned solely on the basis of the provable presence of a prohibited substance in his body, it is his or her fundamental right to know that [the testing agency] has strictly observed the mandatory safeguards. Strict application of the rules is the quid pro quo for the imposition of a regime of strict liability for doping offenses.''

It is amazing to me that had Landis prevailed on a technicality (and it seemed there were dozens) in his case, then it is probable that none of the current events would be occurring.

If anyone is inclined or cares, getting the relevant portions from the CAS ruling would be an interesting read.

 

[Beech Mtn]

CAS ruling on the case.

 

[CPAvelo]

I just caught up on this story, and it seems that a similar problem existed in the Floyd case, relative to the starting and stopping of equipment. Not trying to open a can of worms here but also found it interesting that a member of the Landis legal team assisted in the case, and they prevailed on technical issues similar to the Landis case.

Important is this portion of the story:

In one of the more flagrant rule violations, the Beijing lab submitted documents that seemed to show that a testing instrument had been running continuously and properly when in fact its operation had been interrupted. The panel's written opinion referred to the document as a "cut and paste representation.''

According to the opinion, "If an athlete is to be sanctioned solely on the basis of the provable presence of a prohibited substance in his body, it is his or her fundamental right to know that [the testing agency] has strictly observed the mandatory safeguards. Strict application of the rules is the quid pro quo for the imposition of a regime of strict liability for doping offenses.''

It is amazing to me that had Landis prevailed on a technicality (and it seemed there were dozens) in his case, then it is probable that none of the current events would be occurring.

If anyone is inclined or cares, getting the relevant portions from the CAS ruling would be an interesting read.

It is clear Landis never got his place at the table. I am wondering if he was set up to be a patsy. It would fit with the posturing of LA/JB. If there is truth to Landis' claims, then I hope it is discovered.

LA is an enigma. He represents all that is best about America, and all that is worst.

I have known the temptation to cheat in sport and in commerce. It sucks knowing everyone else is doing it, but integrity gives me peace with myself. Not talking about perfection.

But, LA/JB's exploitation of the cycling doping status quo is unprecedented it seems to me. I want to see them fall. Hard. They have trashed many along the way. I hope they get their recompense.

 

[flicker]

It is clear Landis never got his place at the table. I am wondering if he was set up to be a patsy. It would fit with the posturing of LA/JB. If there is truth to Landis' claims, then I hope it is discovered.

LA is an enigma. He represents all that is best about America, and all that is worst.

I have known the temptation to cheat in sport and in commerce. It sucks knowing everyone else is doing it, but integrity gives me peace with myself. Not talking about perfection.

But, LA/JB's exploitation of the cycling doping status quo is unprecedented it seems to me. I want to see them fall. Hard. They have trashed many along the way. I hope they get their recompense.

cp send that avatar truck o mercy to my house I need the help....

 

[python]

just read the ruling. let’s correct some inaccuracies before they spread too far:

(i) the cas case did not feature landis’ legal’ expert. dave scott acted in a ‘technical’ expert capacity in both cases.
(ii) the cas case prevailed only partially as the suspension of one of the athletes w/aaf (tsikhan) was upheld despite the exact same technical arguments.
(iii) the one that was overturned (devyatovcky) was mainly due to a technicality, the ioc’s own inaptitude, and the beijing wada lab’s lack of transparency.

but the main point of the op is valid - had usada and lndd been as unprofessional as ioc and the beijing lab, we’d likely never got the landisgate and the criminal investigation into armstrongs doping.

 

[Benotti69]

LA is an enigma. He represents all that is best about America, and all that is worst.

...

i am sorry to change the subject from the cas report, but what is best about american that LA represents....

 

[CPAvelo]

i am sorry to change the subject from the cas report, but what is best about american that LA represents....

I was referring to the storybook rags to riches, look death in the face, overcome cancer, and rise to the top of sport aspects of his larger than life conquests. Americans swoon for this type of hero. Seems some of it was too good to be true.

After reading his first book, I became a LA believer. While reading the accounts of his chemotherapy I became nauseas, having identified so strongly with what Lance underwent since my father had died of cancer a few years before. I believed Lance wouldn’t risk his health with PEDs after nearly dying. But, perhaps the medical miracle that gave him back his life made him rationalize using “medical” techniques to achieve a similar miracle in sport.

I’m reluctant to conclude he is guilty of doping. However, I admit the anecdotal evidence has raised serious questions about his legitimacy. I want a thorough investigation. This American still cherishes truth, justice, and fairness for all, even though these virtues seem increasingly mythical these days, more than hero worship.

With simultaneous investigations across both continents into the Landis and mechanical doping allegations, it seems incredulous to believe Landis and Cassani are making this stuff up.

 

[Susan Westemeyer]

If you want to discuss that, open a new thread on it. Please stay on topic here. Any furhter off-topic postings will be deleted.

Susan

 

[Benotti69]

If you want to discuss that, open a new thread on it. Please stay on topic here. Any furhter off-topic postings will be deleted.

Susan

sorry about that, but had to have a go at LA = all that is best about America