Discgear said:
BullsFan22 said:
Legkov and Belov's temporary suspension is upheld.
http://news.sportbox.ru/Vidy_sporta/cross_country/spbnews_NI711491_Vremennoje_otstranenije_Legkova_i_Belova_ostalos_v_sile
Three-person panel voted. Two in favor, one not in favor. Their defense lawyer, German Christof Wieschemann, advised them to take this to CAS.
Here is the brief reasoning on why they should take it to CAS:
http://news.sportbox.ru/Vidy_sporta/doping/spbnews_NI711495_Doping_proby_Legkova_s_OI_2014_dali_otricatelnyj_rezultat
And the official report, from Wieschemann's law firm.
In German:
http://wieschemann.eu/fis-haelt-vorlaeufige-suspendierung-von-legkov-und-belov-aufrecht
To view in English, simply look at the bottom right of your screen to change the language. It's quite detailed. My guess is that FIS is probably a bit pensive, if not afraid to go against WADA/IOC rulings. Not sure what CAS will rule.
Any information who the delegates are in the panel, together with chairman Smith?
It's a good question. I don't know, is my answer, but I'll be on the look out and I'll post it here. I really want to stay away from conspiracies, but Mr. Smith is Canadian and Mr. McLaren being Canadian...who knows. Both are sports lawyers, and so is Wieschemann, the defense attorney. I looked at Wieschemann's resume on the law firm's page, and it's fairly impressive. I don't know if it was the Federation that hired Wieschemann or whether it was Markus Cramer their coach (also a German) recommended him, or the RUSOC...whoever it was, they have a strong attorney by the looks of it. I say this as someone that knows very little on sports law. Anyway, I am as interested in finding out who the panel is and to look at their reasoning. Of course the defense will be adamant that they had nothing to do with manipulating urine samples, and it's written in the official statement, and the fact that the tests that Legkov had during Sochi were all negative. I don't know. This is such a different doping related case, to say, even Johaug or Sundby, and those two cases were fairly complicated, or at least made out to be, so I have no idea. At first glance one wonders how the athletes are involved in manipulating the tests. I mean, how are they supposed to know if it's manipulated or not? Were their agreements with the staff? "Here, take this this day, that the next, and this last one the morning of the race, then when you go for a urine test, someone will take it and replace it....?" If not, how can they prove it? Apparently the lid was opened, and there were scratch marks...I don't know really what to conclude. I can't believe that nobody there grew suspicious or said anything about it. I am pretty sure that there were quite a few anti-doping officials from outside Russia that were present. If there was tampering with samples, or whatever, people would have noticed. I can't believe that it was only Russian anti-doping organizations/volunteers/experts there. There had to have been others there that weren't under the auspices of Russian authorities (if Russian authorities were the ones that were involved in the first place).
So to conclude, this is in some ways more difficult to gage than the Johaug and Sundby cases, but also somewhat easier. One one hand, the accusations that there was manipulation. But all the accusations have come from a third party, Rodchenkov. Nobody else has come forward, so the allegations are all from one individual. The defense lawyer (in the link above) says that the tests were negative. He also said that Legkov was tested right before the Olympics as well. That means he was tested not only after winning the pre-Olympic race in Toblach a week before Sochi, but also in Sochi prior to the first races, so two tests within a week. Negative results, according to the defense. In Belov's case, he was accused of taking doping in races that he actually didn't even take part in. Not sure how FIS can back Rodchenkov on that, but apparently that's the case.
Another interesting aspect is that the defense says how many times Legkov was tested in recent years. The number(s) are in the statement. It's quite a bit of testing. Of course, this can also refresh our memory of Armstrong's defense of '500 tests, never tested positive...' It brings up quite a bit of 'private' information regarding number of tests, but I think it could be something that all other athletes do: publicly announce the amount of times they've been tested in a week, month, year, period of racing, training, etc. They don't have to disclose where they were or their whereabouts, but when the allegations regarding Legkov first came last spring, he immediately came out and publicly stated how many times he was tested and that virtually all his tests were in western Europe, and FIS acknowledged that not long after. Again, it doesn't mean he is innocent of doping, but there is some light of transparency and general openness there.
Gian-Franco Kasper has been much more aggressive on the Norwegians, and has even suggested that Johaug be given the full punishment, but he's made it clear that not long after the 2nd McLaren report (I haven't read either report, so you can call me ignorant or uninformed), FIS came out and gave out these temporary suspensions until the full investigation takes place and decisions made. He was also not in favor of a blanket ban and full suspension of Russian athletes, which is why (in my opinion) there was the petition going around recently and why there were any Russians competing at all since the report came out.