The PK was just optional, and more importantly it is only suggested (in the new code starting after all the analyses were done) to differentiate between ingestion and injection. In this case, that is irrelevant as all parties agreed that it wasn't injection.
So, one of Team Shelby's smokescreens for PR purposes.
As for appealing, CAS writes this in their FAQ:
I highly doubt that the lab not doing an optional test - that wasn't even mentioned in the valid TD at the time - amounts to a "violation of elementary procedural rules (e.g. violation of the right to a fair hearing)", let alone any of the other examples.
But those are only examples in the FAQ, so who knows?
“The SFC emphasized that its competences in the case were limited to examine whether the CAS Award violates fundamental and widely recognized principles of public order, which, as it clarified, includes the prohibition of discrimination, certain personality rights of athletes and the notion of human dignity”
If that description doesn’t apply to Caster Semenya’s case, it certainly doesn’t bode well for Shelby Houlihan.
Yes, that description doesn't really apply to the Wada lab procedures, which is probably why most dopers stop at CAS.
That isn't the core problem. The core problem would be having to prove intent for the presence of a banned drug. No one would ever be found guilty of a doping offence. The athlete is properly deemed responsible for what is in their body unless they can show it was without negligence or conduct in breach of the rules. Since the consequences of their failure to do this are - as you say - of some personal magnitude, it requires of them a high standard of both diligence and compliance. Without that spur we would see many more cases of "careless" doping. Houlihan is hardly a case to go into bat for, to argue the alleged injustice of the system.
Yes they would still be found guilty; the problem would be the process would take longer.
No other justice system would accept strict liability in such life changing rules.
Intent has to be proved in nearly every court case.Think about the difference between murder or manslaughter.Or possession of stolen goods.
A billion people are expected to follow the Wada rules; how can they be fairly and evenly applied?
Doping is a breach of a sporting code; it is not a criminal offence. A simple though crucial distinction but, alas, beyond you, liar soorer. It is also applied by sports bodies around the world that accept the anti-doping rules. Another small point you have missed.
Your question shows the you do not understand the balance of probabilities, which was the test applied. It is not in any way "beyond reasonable doubt", the standard applied in criminal cases. That simple misunderstanding shows how you are essentially wrong about everything in this case.
You are mistaken; read 3.1 of the wada code and then apologise.
It is comfortable satisfaction. You have been told this many time and this you thus must be seen as a liar.
I do recall you saying you can’t be bothered reading the rules but that is no excuse for carrying on lying.
Yes they would still be found guilty; the problem would be the process would take longer.
No other justice system would accept strict liability in such life changing rules.
Intent has to be proved in nearly every court case.Think about the difference between murder or manslaughter.Or possession of stolen goods.
A billion people are expected to follow the Wada rules; how can they be fairly and evenly applied?
Doping is a breach of a sporting code; it is not a criminal offence. A simple though crucial distinction but, alas, beyond you, liar soorer. It is also applied by sports bodies around the world that accept the anti-doping rules. Another small point you have missed.
It was never said to be a criminal offence; just comparing.
The Caster Semenya case has zero to do with the Houlihan case, IMO. It is just one of countless court cases appealed to the Swiss Court where one side wins.
Your post gave one example of what could overturn a CAS ruling: “whether the CAS Award violates fundamental and widely recognized principles of public order.” Some may argue that if the Award violates priciples of public order, then it “violates Swiss Law.” I don’t think that debate is important. They can also appeal on procedural grounds such as bias or new evidence.
I believe that there was a significant problem with the CAS Award that “violates fundamental and widely recognized principles of public order” irrespective of whether Houlihan is “innocent” or “gulity.”
There is substantial legal opinion that as the athlete has no choice of the arbitration then the CAS process fails in law.
No, there isn't. If so, the CAS decision would be overturned. It hasn't - and it won't be.
The only deniers are Rojo and Gault. A vast majority of the posters here have no doubts regarding the verdict. Rojo seems to have a personal connection with the BTC coaches, which has clouded his judgement. Gault woks for Rojo.
It's such an odd situation. Coach Flanagan was on the Finding Mastery pod last month and in conversation shared that she's really careful regarding who she allows into her inner circle, even alluding to John Cook without naming him as someone she regretted associating with.
Whatever John Cook did, somehow he was past the threshold of acceptable yet this whole Shelbo situation is cool. Host Michael Gervais probably doesn't know enough about the sport to have pushed back and questioned her response. To the informed listener, it comes across as hot air. GDS voted with her feet and similarly Flanagan's actions speak louder than her words.
Doping is a breach of a sporting code; it is not a criminal offence. A simple though crucial distinction but, alas, beyond you, liar soorer. It is also applied by sports bodies around the world that accept the anti-doping rules. Another small point you have missed.
It was never said to be a criminal offence; just comparing.
But is is all subject to Human Rights Law.
Any apology for lying about the Wada code?
So your comparison is irrelevant, liar soorer. Care to quote the "Human Rights Law" - statute, section and jurisdiction - that applies?
That isn't the core problem. The core problem would be having to prove intent for the presence of a banned drug. No one would ever be found guilty of a doping offence. The athlete is properly deemed responsible for what is in their body unless they can show it was without negligence or conduct in breach of the rules. Since the consequences of their failure to do this are - as you say - of some personal magnitude, it requires of them a high standard of both diligence and compliance. Without that spur we would see many more cases of "careless" doping. Houlihan is hardly a case to go into bat for, to argue the alleged injustice of the system.
Why is it deemed proper for the athlete to be responsible for what is in their body?