Vinny wrote:
Rekrunner,
If she didn't dope why is she serving a ban? It's very simple. I understand that you don't think doping is as big a problem as others, but cmon man. She is literally serving a doping ban and you're saying she isn't in the wrong?
Using WADA's definition of doping, she did dope. That is why she is serving a ban. Under the current rules, the detected presence of a banned substance in her sample, above a low threshold, when considered an AAF, violates two rules, regardless of intent, fault, negligence, or knowing use.
But seriously? In the wrong? Let's not pretend that a process designed by WADA to make convictions easier and sanctions longer, by eliminating the burden to justify them, is the right tool to decide between right and wrong. Eliminating the benefit of the doubt does not eliminate the doubt, just the benefit, for accused athletes.
Once again, since everyone is so emotionally attached to Houlihan's ban, let's recall the case of Swiss handball Simon Getzmann. His positive test result came from a legally prescribed WADA-legal painkiller. We know this because he had one tablet left that could be tested, and it contained traces of the banned substance. Suppose he didn't have that last painkiller. What happens under the current WADA process? Just like Houlihan, he would have been forced to board a train on a fast-track and railroaded to a 4-year ban, with so-called fans of the sport of handball demonizing the doper/cheater and mocking his predictable excuse of "contaminated painkiller" - "LOL".
Let's also recall the case of Jarrion Lawson, where a CAS Panel decided that WADA Lab Director Prof. Ayotte -- the same expert used in the Houlihan case -- effectively misled the tribunal, and as a result of this wrong information, the CAS overruled the ban.
Let's also recall the 27 no-fault cases that USADA has prosecuted since rule changes in 2015, all the while complaining about how the rule changes harm athletes.
In order to decide that Houlihan is in the wrong, we need to first accept that the WA/AIU/CAS/WADA are in the right. If the WADA process could have railroaded the innocent athlete Getzmann, and 27 no-fault athletes that USADA saved from boarding the train, and outright failed for Lawson, it is simply the wrong tool to use to judge between right and wrong.