so, the therese doping case moved on. 1/2 a step, but in the right direction.
what does it mean and what to expect next ?
1st off, the fact that adno decided to proceed to a next stage is not a good news for therese. it means they simply could not find ANY tangible merits for dropping the case under the very clear wada article 2.0. it is as clear as day
there was no way out and i am stunned it took almost a weak. not only the wada article 2.1 on what constitutes adrv is black on white, there is a huge file of the identical or similar cases including the cas decisions which every hearing panel studies first and formost ( i recall an article referring to at least 26 clostebol positives with the shortest vacation of 15 months).
so why they took so long ? answer: the adno was trying to built a non-existent case based on the wada allowance per the Article 10.5 which entertains if she was not at fault or significant fault.
here's a partial quote from a cas (Quigley v. UIT) decision that seems perfectly applicable to therese:
“It is true that a strict liability test is likely in some sense to be unfair in an individual case, such as that of Q., where the Athlete may have taken medication as the result of mislabeling or faulty advice for which he or she is not responsible - particularly in the circumstances of sudden illness in a foreign country. But it is also in some sense "unfair" for an Athlete to get food poisoning on the eve of an important competition. Yet in neither case will the rules of the competition be altered to undo the unfairness. Just as the competition will not be postponed to await the Athlete's recovery, so the prohibition of banned substances will not be lifted in recognition of its accidental absorption.
from the little we know it is 4 years.
it may be less if some new circumstances emerge. also, it will be to the norge advantage, unlike what they did in a sundby case, to work with wada. to remind, it is apparent from the cas award wada was livid they were not consulted or appraised of the norge interpretations of what an 'inhaled dose' means. hence the appeal and the 1sr ever norge doping case in the sport.
keep wada in the loop and therese may get 2 years. nothing less, imo.