Merckx index said:Wiggo's Package said:Presumably Froome's team has had access to the results of his other Vuleta tests. That would allow Froome's team to compare his salbutamol level and the level of any other markers in his system from stage to stage. Which would in turn would allow his team to try and construct a scientific/medical defence
What L'Equipe apparently reported yesterday is 'Froome's lawyer has asked the UCI for all his Vuelta samples "with the aim of showing that the controls are not trustworthy given the way they are conducted". The LADS refused to release them.'
Yes, of course, my bad. They would give Froome the results of the tests on the samples, but not necessarily access to the samples themselves. I'm not sure what the legal status of those samples is, though. When a rider gives a sample, does he sign away any rights to possession or use of the samples? And if he does, is it possible that that rule could conflict with civil law? I don't know a lot about this, but my understanding is that in the U.S. patients generally are not considered to be the owners of tissues they donate, but that they may be able to sign something that gives them rights as a condition of donating the tissue. Maybe some lawyer here knows more about this?
But I'm still not sure what Morgan is trying to accomplish. Does he want to retest Froome's samples (I'm pretty sure that even he realizes he can't gain access to the samples of any other rider), with the aim of showing the tests were faulty? Even if some other lab came up with different results, Froome's team would then have to show that there was some specific fault in the WADA lab that resulted in the difference. I can't imagine that would go anywhere, though it might get the case dragged out past not simply the Giro, but the Tour as well.
All that said, if Froome had some drug-interaction hypothesis, he might make a valid claim that his samples be tested to verify the presence of that drug in his system. But in that case, I think WADA would retain and test the samples, though Froome could send an observer, just as is done with B sample tests.
I don't have a definitive answer but that LADS refused to release Froome's samples strongly suggests athletes sign away ownership of samples when they agree to be tested
As to what Morgan is trying to accomplish by requesting the actual samples "with the aim of showing that the controls are not trustworthy given the way they are conducted", I remain of the view that it's a fishing expedition. By that I mean Morgan doesn't know specifically what he's looking for but he hopes his experts might find something if given the chance. And as you say it would have the added bonus of further deferring the ADT's ruling while Froome's experts reviewed the samples
So from a legal perspective I'm not surprised the samples request has been knocked back. Courts tend to take a dim view of fishing expeditions. But weren't there recent revelations that the latest sample bottles aren't secure? That could be a more specific reason for Morgan to throw doubt on whether the controls are trustworthy...?