python said:
you often pride yourself in quoting the regulations, rules and codes...then do your self a favour and read the wada code about strict liability and threashold substances.
repeat:
5 german athletes tested positive for clenbuterol - no charges filed, no appeals expected from wada. Why ?
any clenbuterol found is supposed to result in a doping violation automatically. you, among others, expect that from contador. 5 germans avoided it. their urines were tested and found with clen by the same lab that tested berto. why are they not charged ?
what i suggested is that these are the questions wada is struggling with when they consider contador's case which is essentially the same - about clenbuterol positive.
OK, since you're such a nice chap, I'll explain it.
The code establishes strict liability for prohibited substances; if they're in your sample, you're guilty of doping. HOWEVER, there is a provision for "Elimination or Reduction of Period of Ineligibility
Based on Exceptional Circumstances." What it says that if you can prove you had "no fault or negligence" in the doping, then the period of ineligibility can be eliminated; OR if you can prove you had "no
significant fault or negligence" in the doping, your period of ineligibility is reduced by 50%.
Now, consider Herr Pingpong. It is not true that there was "no charge filed" if; he was provisionally suspended by his federation, which ultimately accepted that he had proven "no fault or negligence" in his infraction and eliminated his period of ineligibility. As for the "no appeals from WADA expected", maybe you know something nobody else does. You might be right, but I'm not aware that WADA announced they won't appeal.
I can't comment on your claim that five other Germans also gave urine samples that were found positive for Clen by the same lab that busted AC. I've never seen that anywhere either.
But the biggest problem for AC is that he doesn't claim to have eaten beef from a country that actually uses Clen in meat production (i.e. China.). He says the beef he ate was from Spain, a country in which the evidence suggests Clen presence in beef is vanishingly rare. That's a huge difference between these stories.