The Hitch said:
The Clen might not indicate blood doping, the plastercizers and the testimony of Mike Ashenden kinda do
Keep in mind Ashenden was not called at the CAS hearing to give an opinion that AC had blood doped. The case against AC was not that he had blood doped, but that he had clen in his blood.
Ashenden was called to testify as to whether or not in his opinion it was
possible that AC had infused his own blood. Now Ashenden's opinion was based on very logical evidence, 1. a sharp peak in plasticizer residues as a result of his sample on July 20, 2. the miniscule amount of clen detected in his sample of July 21, and, 3. his reticulocyte levels were abnormally high.
But the issue at CAS was
not did AC in fact blood dope. All Ashenden's opinion was used for was to show there was another
possibility for the clen than tainted meat or a supplement. Giving an opinion as to the possibility that something happened as opposed to something in fact having happened are two completely different things. Clearly the latter carries more weight in a court than the former.
The issue in the CAS case was how the clen entered AC's blood. AC argued that because there was no other reasonable explanation it must have come from the steak he had eaten or a supplement. He argued that Ashenden's opinion only pointed to another possibility of the source of the clen and not proof as to its presence. Ashenden's evidence was therefore relevant to the
possibility of some other source of the clen.
The onus to prove where the clen had come from was on AC. AC's evidence could not establish it had in fact come from tainted meat or a supplement, only that he testified he did not transfuse and the only logical sources were tainted meat or a supplement.
Ashenden's evidence to the effect, that it was possible the clen came from a transfusion, therefore was simply opinion evidence the panel could take into account that the clen came from some other source, but clearly not proof of that fact.
The CAS ruled it was very unlikely that AC had transfused. At the same time they ruled AC had not proved that the clen came from tainted meat. They ruled it was possible it might have come from a supplement, but AC simply could not prove this. Therefore Ashenden's opinion in the end did not matter. In addition it was based on the existence of residues of plasticisers using a test that was not approved.
In the end AC was found guilty on the principle of strict liability - the clen was present, even though it was clear the amount (50 pictograms) could not have had a performance enhancing effect.
So the theory that AC in fact blood doped is sheer speculation on the evidence, even though Ashenden's opinion in the minds of the AC haters is very persuasive, giving rise to all the speculation, which all the AC haters glob onto.
The UCI and WADA had an option. To cite AC with blood doping based on his sample on July 20, 2010. They did not do this because in my opinion they simply could not prove it and they knew it. Part of the problem was the tests used for the residue of plasticisers was not an approved test. Relying in the strict liability rule for the clen was their only option.