Re: Re:
I really don’t think CAS would be swayed one way or another by who is appealing. That isn’t the way they work. As far as precedent, recent decisions have given longer suspensions for salbutamol use. Sundby only got two months, but he not only was totally transparent about his use, but in lab tests he went over the DL taking the amounts his doctor said were prescribed by nebulizer. In fact, he even went over the limit inhaling 1600 ug in a short period of time.
I don’t think that’s a bad idea in some respects, but it’s not really consistent with the spirit of sanctions. The idea is that a rider is suspended—either in real time or back-dated—from the time of the infraction, not from the time of some legal decision that may occur months or even years later.
It also sets a dangerous precedent. A rider near the end of his career could take advantage of this to get results while he’s still able to, then serve a suspension when he’s either retired, or at an age when he’s less of a contender, anyway. Froome would seem to be favored in this respect—he’s more likely to do well in the double this year than next year or later—and there are other potential cases that would be even worse. Think of LA, for example. Suppose his suspension had begun when the legal process finally finished, rather than being back-dated to when the evidence indicated he was doping. The same applies to all of the other riders sanctioned by USADA at that time.
I can understand how one could look at the differences in these cases and say that the process can determine when it would and when it wouldn't be appropriate to begin a suspension from the time of the final decision rather than from the time of infraction. But the law being what it is, where precedent means a lot, I can easily see this leading to a lot of controversies.
Petacchi’s ban was more than fifteen months, including time suspended prior to the CAS decision. And based on what we know so far, Petacchi had a much better case than Froome. If the USG correction had been allowed—as it is now, as of March 1—he would have gotten off completely.
Parker said:They'd be unlikely to extend it if it was Froome appealling. And this whole process would need UCI/WADA to agree not to appeal - and WADA have agreed to this length of ban for salbutamol in other sports.
I really don’t think CAS would be swayed one way or another by who is appealing. That isn’t the way they work. As far as precedent, recent decisions have given longer suspensions for salbutamol use. Sundby only got two months, but he not only was totally transparent about his use, but in lab tests he went over the DL taking the amounts his doctor said were prescribed by nebulizer. In fact, he even went over the limit inhaling 1600 ug in a short period of time.
However, if it gets extended then just start the extra ban from the date of the appeal decision rather than pretending some races didn't happen. They should have done that with Contador.
I don’t think that’s a bad idea in some respects, but it’s not really consistent with the spirit of sanctions. The idea is that a rider is suspended—either in real time or back-dated—from the time of the infraction, not from the time of some legal decision that may occur months or even years later.
It also sets a dangerous precedent. A rider near the end of his career could take advantage of this to get results while he’s still able to, then serve a suspension when he’s either retired, or at an age when he’s less of a contender, anyway. Froome would seem to be favored in this respect—he’s more likely to do well in the double this year than next year or later—and there are other potential cases that would be even worse. Think of LA, for example. Suppose his suspension had begun when the legal process finally finished, rather than being back-dated to when the evidence indicated he was doping. The same applies to all of the other riders sanctioned by USADA at that time.
I can understand how one could look at the differences in these cases and say that the process can determine when it would and when it wouldn't be appropriate to begin a suspension from the time of the final decision rather than from the time of infraction. But the law being what it is, where precedent means a lot, I can easily see this leading to a lot of controversies.
Poursuivant said:Why would he get a 2 year ban when Pettachi never admitted wrongdoing and got a 9 month ban?
Petacchi’s ban was more than fifteen months, including time suspended prior to the CAS decision. And based on what we know so far, Petacchi had a much better case than Froome. If the USG correction had been allowed—as it is now, as of March 1—he would have gotten off completely.