lllludo said:
I'd assume RC is a lawyer. Strange for a lawyer to browse the Clinic
I am a former trial lawyer, who prosecuted and defended criminal cases and engaged in civil litigation for 35 years. I have appeared at every level of court in three provinces of Canada and the Supreme Court of Canada. I was in court almost every day of my career, and my favourite subject in law is the law of evidence. I primarily defended people who got in $h!t whether it be in a criminal matter or a professional disciplinary matter (doctors, policemen, nurses etc.)
I am also an outdoor recreation geek and jock. Road cycling and mountain biking are two of my favourite activities. I love to follow professional cycling because I like the aesthetics of the sport and the tactics. Plus there is always some drama or another (e.g. Kreuziger). I would like to watch a GT or Classic knowing that who ever wins was clean. For the last 25 years or so one cannot do that. That is a very sad and depressing fact of cycling and should bother every fan.
I am adamantly anti-doping, but strenuously believe in the right of cyclists to due process. I believe in proof. Facts. Not gossipy speculation. I believe in fairness when the UCI and NADAs commence sanctioning proceedings. This is why I get hot and bothered about all the preconceived biases, unwarranted assumptions, conjecture, gossip and speculation that takes place in the Clinic where a great many "opinions" are uninformed opinions (e.g. Wiggins must be a doper because Sky had Leinders as a doctor for awhile)
I have a particular interest in doping in sport as it relates to the law of doping and the rules of evidence and procedure in doping hearings. I am fascinated by the Landis Qui Tam case. The thought that Floyd could walk away with millions is just mind busting.
The rules of absolute and strict liability stack the deck against the cyclist because it shifts the onus of proving one's innocence to the cyclist. However to deter doping in sport that is as it should be. (See the thread I started on strict liability). That is also why the anti-doping system creates absolute and strict liability offences - to deter doping.
However, there are a lot of problems with the doping rules that are inconsistent with the science, and unfair, resulting in cyclists being sanctioned when they should not be. WADA themselves have changed what is and what is not prohibited many times. Or they have changed what drugs are threshold drugs/masking agents and which are not. For example the whole BP system is based on a threshold of 50% Hct. We know some athletes have a natural Hct above 50% and they have to get a TUE and we know that their Hct can rise above 50% naturally. The TUE process is a very strict test (unless you are Chris Froome!)
Why would a former lawyer read the Clinic? Why wouldn't a former lawyer read the Clinic? I am amazed that someone's former profession that would be a bar or a criterion as to who would or would not read the Clinic. I follow the Clinic to hopefully learn something. But my experience in the Clinic has been mixed. There is a lot of uniformed speculation on here, a lot of baseless character assassination, a lot of one upmanship, a lot of cynicism, and a lot of pseudo intellectual nonsense.
But then again it wouldn't be the Clinic then would it!
