24 September 2007

WADA LOSER: the Presumption...

Quoting (not!) Christian Prudhomme, Director of the Tour de France:
“Whaaaaah, the legal process is too long...”

Quoting (not!) Patrice Clerc, President of Amaury Sport Group, owners of the Tour de France, and French Sporting newsjournal L'EQUIPE:
“Bwwaaaaah, why the agony of waiting? The testing was finished months ago...”

Les Guignols de France (the clowns)...

Dear ZENers, there's really only one reason why Floyd and supporters are out $2 million, and fifteen months have flown by (on snail's wings) as the phases – the Process, the Pre-Hearing, the Hearing, the Post-Hearing and the Decision – stretched on from last August through this September, 2007.

Only one reason why the Decision, and the Dissent, are 110 pages of legalese, legal mumbo jumbo, whatever description you'd prefer.

One word, actually...

That reason, is simple: the WADA 'presumption' of ISL compliance that benefits, that protects beyond rationale reason, the actions of a series of mostly second or third rate laboratories around the world.

Strong words? Yes, based on the evidence.

If, as ZEN Central has postulated in this post: PART III, the Analytical Wrap-up , WADA had formulated its CODE, ISL and IST with the standard of Strict Liability for Laboratories (identical as a standard to which it holds Athletes: evidence of drug presence need not be supported by evidence of intent, or otherwise: proven in the system of the body is sufficient), there would be two effects...

Firstly, WADA-accredited laboratories worldwide, would stand in equal light with forensic and clinical laboratories around the globe. Their standards in training experts, running tests, preserving Samples and data would show them to be 'institutions of excellence', a title reserved today for only a few of the 34 laboratories now associated to WADA.

Secondly, and pertinent to our studies of the Floyd Landis case, a laboratory such as LNDD, now infamous for incompetence, verging on the edge of losing its WADA-accreditation, would not have been supported throughout the process recently concluded (Barring appeal to the CAS in Lausanne, Suisse). Its case against Floyd Landis would more than likely have been thrown out.


In WADA CODE 3.2.1 (2003), the pertinent phrase reads: “WADA-accredited laboratories are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for laboratory analysis. ...”

Had the ZEN Central hypothesis been in place, LNDD may have lost its chance to 'convict Floyd' in offering scurrilous evidence, 'cherry-picked' test results from different sequences (Not MY words: see the Campbell Dissent at paras. 4 – 12)

The WADA CODE, as it stands today, prior to the coming redrafting session (which may already be 'in the bag' as to further changes, which would be a TRAVESTY of Justice for Athletes), is a mockery of Justice. It condones LAX laboratory practices, far below those of Forensic Scientific standards, while judging Athletes who, due to the 'Strict Liability' standards, may have innocently or negligently absorbed a Prohibited Substance.

Laugh all you want, those who 'KNOW' that 'Floyd doped' and the 'Lab tests proved it'...

I wish you the same reality, some day, that you enjoy now in facing Mr. Landis... nothing yet proven, millions spent, and one word: PRESUMPTION, is the winner!

PS: need some good news? French Minister Jean-François Lamour, formerly the SHOE-IN candidate to replace Dick Pound, now must face an election 'primary' against Australia's John Fahey.

ZENmud supports John Fahey 100 per cent, and urges you to write your NADA (Nat'l Anti-doping Agency) in his favour!!! Time is short!


ç*”*”*””*ç”*”* ZENmud ”*””*ç*”*”*””*ç”

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