not impressed wrote:
There is no 'balance of probability threshold."
if you fail a roadside breath test, the onus falls on you to show that the test was erroneous. There's no balance test where the police have to prove you were actually drinking. When you fail a drug test, it's your responsibility to prove you didn't dope. There's no balance of probability determination that decides if the test was valid; your defense has to be extraordinary to overcome the fact of the failed test.
I wonder, are you a credentialed and unbiased expert, possibly with a PhD, whose word I must accept at face value, or an anonymous non-expert, like so many other in this thread, that I can safely ignore?
The WADA code makes explicit that the burden was on Shelby to prove "not intentional" on the balance of probability to the CAS panel.