Re:
bigcog said:
But actually what the Froome case reminds us is that, at first instance, the sports body and their testing agency must prove that there’s been a positive test.
This is the interesting thing with Froome … we’ve gone right back to the fundamentals of the issue where he’s saying that the case against him is not proved. And the reason for the delay seems to be that these are pretty complex scientific arguments and a lot of documentation and validation is needed. Therefore there has been a lengthy process through the UCI’s independent arbitrary process.
Why exactly does UCI or WADA have to prove that there is a positive test, when a urinary level above 1200 ng/ml is defined as positive? He doesn't specify, but here's my interpretation. Begin with the fact that any detectable amount of a substance that is not found endogenously—e.g., clenbuterol—is a positive, and one does not have to prove this, other than establish that the correct testing procedures were followed. If one molecule of CB is found in the body, that’s too much (unless it can be proven to have been ingested accidentally through contamination). But when banned substances are found endogenously—e.g., testosterone, EPO, growth hormone—one has to prove that a synthetic, exogenous equivalent is detected, and this is usually done through a test that involves some degree of probability. E.g., the testosterone isotope test has to prove that the concentrations of certain isotopes are 3-4 standard deviations beyond what could occur naturally.
This same approach could apply to salbutamol, and this is apparently what Froome’s team is doing, assuming they’re basing their case on Heuberger’s theoretical model of salbutamol excretion. The argument is that UCI/WADA has to prove that the probability of an athlete taking the maximum allowed amount, 800 ug, and exceeding a urinary level of 1200 ng/ml, is sufficiently low to rule out chance. And what Froome’s team may be claiming is that while WADA has demonstrated that the probability of a positive as a result of chance is quite low, they have never set an exact criterion. That is, while there are a lot of studies showing that when subjects inhale 800 ug, they almost never exceed 1200 ng/ml, there doesn’t seem to have been any study in which the actual probability of exceeding that limit was calculated.
Into that void steps Heuberger et al. They estimate a value for that probability, and while I’ve shown that it doesn’t agree well with actual empirical studies, in the absence of an actual estimated value based on these studies, they can claim this as the standard. What Morgan and the team may be doing is saying, since you don’t have a specific probability associated with your threshold or limit, that limit is invalid. You can't say that 1200 ng/ml is valid without specifying the probability of exceeding this.
Anderson goes on to say that this is a very difficult argument to make, and he doubts this approach will work, Froome will probably get a ban. But he also notes that his team has a right to make the argument. So even if Froome doesn’t win, a second purpose of the argument may be simply to make the case so complex that there is justification for going beyond the Tour. Froome could very well end up with a ban after the Tour, but since he gets to keep the results of both that and the Giro, he would have achieved a significant victory. If this happens, credit can be given to coming up with an argument which, though unlikely to carry the day, is able to delay the case successfully.
And the way these things go is that say Froome’s representatives will make their case about the test and the sensitivity. Then they will argue, without prejudice to that, if Froome is found to have violated anti-doping codes, then they’ll argue mitigation of sentence. One of the things they’ll argue is that the ban should be backdated quite a bit and all these other factors which came into play.
I don’t understand this. Froome should not want a back-dated ban, unless it’s very short, so that it ends before the Giro. That would be the best case scenario given some kind of ban, but a longer back-dated ban, which stripped him of the Giro, would probably be worse, from his point of view, then a proactive ban.
Finally, Anderson points out something I hadn’t been aware of, that UCI has the power to impose a provisional sanction on Froome at any time:
7.9.3: For any potential anti-doping rule violation under these Anti-Doping Rules asserted after a review under Article 7 and not covered by Article 7.9.1 or 7.9.2, the UCI may impose a Provisional Suspension prior to analysis of the Rider’s B Sample (where applicable) or prior to a final hearing as described in Article 8.
This is really interesting. So now it seems Lappartient himself has the power to suspend Froome. Why doesn't he do that? Does he even know that he can? Or would he rather someone else did it?