Independent Oversight of the Anti-Doping Process?

ESPN writer Bonnie Ford writes an excellent summary of the "conflict of interest" that exists in the anti-doping establishment as it pertains to results management by nationality; Spain gives Alberto Contador a light suspension of one year. Alberto Contador claims this means that his federation agreed with his lack of intent to dope argument. But the Spanish would prefer to let Alberto Contador race with no punishment at all, because unlike America, the Spanish value their Tour de France champions, and unlike America, don't see any value in protracted witch hunts.

Ah! A standardized system of judicial review of doping cases by an international committee "independent" of the athlete's country of origin. Bonnie Ford has an excellent idea and this should be implemented immediately. However, this original concept should be expanded to include an "independent" body that would oversee all testing and accreditation of World Anti-Doping laboratories, results management, anti-doping review boards (ADRB). All Adverse Analytical Findings (AAF) should be reviewed by an "independent" committee before being filed; much like an indictment, which is filed after a determination from a grand jury examination of prosecution evidence and witnesses.

The problem, very simply stated, lies in the anti-doping organizations monopoly of the process and the attempt to maintain perfect conviction records. Employees of the World Anti-Doping Association (WADA) are precluded from offering any testimony that would question the methodology or testing results of the laboratories, even though they note egregious errors and violations of International Standards.

"Independent" observation of the confirmation "B" tests that included an unbiased group of experts in mass spectrometry, in addition, to the athlete's representative, would add not only invaluable information as to the veracity of the testing but would prevent problems encountered in the past. In the Floyd Landis case, a defense expert complained that parts of the confirmation test was done outside of his vision. In addition, an "independent" group could mediate the defense requests for "crucial" information that the prosecution must provide to the defense in the discovery process. Despite repeated requests for documents pertaining to the French WADA accredited laboratory LNDD, Allen Lim and the Floyd Landis defense were "stonewalled" and denied access to documents by the United States Anti-Doping Agency (USADA), for one entire year, until the AAA arbitration panel ordered USADA to comply. This unconscionable "stonewalling" by Travis T. Tygart is unacceptable practice, motivated for advantage in an adversarial system, and costly for the defendant. "Stonewalling" defense requests for information should be illegal and punished to the full extent of the law!

Christiane Ayotte

WADA would miss a perfect opportunity for prosecution perfection if they do not choose Christiane Ayotte to lead the certain Alberto Contador appeal of his one year suspension to the Court of Arbitration of Sport. (CAS) Indeed, let the maestro conduct the orchestra, and no evil will prevail. Ms. Ayotte certainly does not buy the Alberto Contador tainted steak argument, her comments on the subject border on hilarity: "You'll never find a ton of clenbuterol [in an athlete's urine sample] because the doses are really small. Most of the samples are below one nanogram [a billionth of a gram]". (Bonnie Ford, 2011) Ms. Ayotte claims that the Montreal WADA accredited laboratory that she directs has tested over 20,000 clenbuterol samples. There seems to be a very large incidence and prevalence among cyclists of clenbuterol use and detection, according to Ms. Ayotte: "Is there a genetic predisposition to eat more contaminated meat in these [cycling] sports?" (Bonnie Ford, 2011) Excellent! The maestro cannot be played by preposterous fables! John Fahey and WADA this is your moment to sparkle in the Sun! This is the moment for Ms. Ayotte to become a legend! Strike while the iron is hot! Put her in charge of the Alberto Contador appeal!

And let Floyd Landis race again! Enough is enough!