musette said:
If a negative test can't be believed, that's the obligation on the part of the testers to improve the test. If a positive test can't be believed, that has the potential to severely and inappropriately damager a cyclist's career and go against the presumption of innocence until proven guilty.
It's like the classic argument against and for the death penalty. I'd rather have a million guilty defendants go free than a single wrongfully convicted defendant be subject to the dealth penalty.
Well I differ on your philosophical point about the death penalty, but i'll try to keep my reply to the cycling testing & due process comments.
First, as far as the legal process goes in these type of events, the hearings are based on the cyclist's appeal of a positive test. I disagree with your assertion that the basis of the hearing should be the lab proving the test was positive -- their test results are accepted as reasonable proof that a violation occured. That said, the labs should be prepared to explain that their tests adhered to industry and sporting body standards.
Second, I totally support the fact that it should be the cyclist who has the burden of proving his innocence. His denial of the positive test is the reason the hearing is going on to begin with. If the cyclist is really innocent, they should have a reasonable explanation to contradict the lab's scientific test results.
Third, while we are on the subject, i further agree that the case should be decided on the preponderance of the evidence (the civil court standard) rather than beyond a reasonable doubt (the criminal court standard).
i almost always lean towards the lab's findings rather than the cyclist's denial. the labs have no ulterior motive except to get accurate test results. the cyclist, on the other hand, has every reason to deny the lab's findings because of his earnings are at stake. And because of the possibility of affecting a cyclist's career's, testing methods should be constantly reviewed and improved, and labs should be held to a very high standard.
But to borrow from my earlier post, a cyclist loses credibility with me when they proclaim that years of negative tests prove they are clean, yet they speak about potential lab errors on behalf of cyclists who have tested positive. Again, you can't have it both ways.
to borrow from your justice system analogy, jails are filled with "innocent people" who sound just like all the cyclists whose positive drug tests are always a lab error, a lab conspiracy, a French conspiracy, a L'Equippe conspiracy, etc., ad nauseum.