- Apr 22, 2009
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I Watch Cycling In July said:I would argue that contaminated food from the general food supply was closer to "no fault" than "no significant fault", because "Athletes ...... have been warned against the possibility of supplement contamination.". The exception IMO would be if athletes have been warned or could reasonably be expected to know that anything they buy from an independent 3rd party had a reasonable chance of contamination. (Essentially to prevent people from travelling to places where they hope the food supply will mask their PED use.)
Makes the Colo case interesting. It would be interesting to know if the contamination in the food supply means more than 50% contamination in the population - otherwise it is hard to see why there was any reduction in sanction at all. It would also be interesting to know how many athletes are aware of food contamination risks from certain countries, or if they are warned.....off to see if that can be found on the WADA site....
This is an interesting point, and I think you're right. But you see the problem, right? There are two elements: how did it happen, and could the athlete have reasonably foreseen it. If there is a high incidence in the food chain, then he can prove the first element; but on the second element, it might be reasonable for the anti-doping authority to say, 'hey, you should have known'. Where it gets really sticky is the AC case. Starting backwards with the second element, I'd agree that he would have no fault if he ate beef from a country that essentially has no Clen it its beef; but he can't get there because in such a case, he almost certainly can't meet the balance of probability for the first test (if there's no or virtually no Clen in European beef, how did it get into YOUR steak?).
It really looks pretty open and shut, UNLESS you have predetermined that you want the guy to get off and need to find a loophole or just flat break the rules to let him walk.