Armstronglivs wrote:
That the process requires the making of judgements - which can result in differing conclusions - does not mean it is "subjective".
Then what is it that makes it subjective?
Don't think of this as relitigating Houlihan's "excuse", but look at the bigger picture.
In this case, we have undisputed test results (basically 8 numbers for A and B samples), a set of standards describing how to interpret and report these numbers, and the reporting itself. There are no unknown variables here to guess -- all the necessary data and information is there. There should be no room for subjective interpretation.
Yet, on the simple question of "did the WADA Lab reporting of an AAF deviate from their governing standards?", we find that it is not objectively deterministic, but subject to different interpretations, by esteemed CAS Panelists ("not stooges, but fully independent, neutral law experts").
I find this ambiguity, on this most fundamental question of whether standards were followed without deviation, most concerning when the two outcomes are the opposite extremes of "no charge for any ADRV" and "a 4-year ban for the presence from an unknown source deemed by presumption as intentional".
How would other labs and testing authorities respond when confronted with the same data in the same circumstances under the same rules? If one CAS Panelist here agreed that for Houlihan there was a "deviation from ... applicable International Standards", other anti-doping authorities will arrive at the same conclusion for their athletes, and treat these athletes differently (i.e. no ADRV), for the same offense under the same circumstances.
WADA was formed precisely to avoid this kind of inconsistency of rulings from the different national anti-doping organizations and international federation anti-doping organizations, that lets some athletes go free, while others are convicted for the same offense, subjectively depending on the whims of the different anti-doping bodies. WADA seems to have created a TD2021NA which is ambiguously subject to interpretation, allowing undesirably inconsistent outcomes ranging from no violation to a full ban for intentional doping.