03-28-2009, 10:20 AM
Dita Wrote:Čia Arūnui pavyzdėlis, ką daro jo "idejiniai vadai" užjūrio kraštuose, kad apgauti WADA:
CHEATING DOPING GAME BY THE IFBB CORPORATION
TONY BLINN:
“Dear Rafael,
Further to my e-mail below, I should have mentioned that, at first glance, I'd pick option #1. I believe the IFBB Anti-Doping Committee is not empowered or authorized to make decisions that are outside the IFBB Anti-Doping Rules and WADA Code. This committee, in my opinion, must only operate within the narrow confines of the aforementioned Rules and WADC. To me, this is the proper and right thing to do.
The right to a constitutional appeal directly to the IFBB President is every member's right and, to allow this to go forward is to show how well our democracy works. Only the President should have the right to reduce Santos' suspension to a period other than what's called for in the Rules.
Therefore, I would suggest the following course of action:
1. Allow the hearing decision and two-year suspension from the ADC to stand as is.
2. Send this decision to Santos via Pagnani and advise 1) that Santos should immediately appeal to the President under article 20.1 of the IFBB Constitution, and 2) that Santos should ask for leniency and a reduction to one-year as fair and just compensation for the wrongful disqualification from the finals of the World Championships.
3. Advise Pagnani and Santos that the hearing decision is to remain confidential [will not be publicly released] pending his appeal decision.
4. This will give you some time to craft a written appeal decision.
Keep in mind that a one-year suspension would run from November 6, 2008 to November 5, 2009 inclusive. In Dubai, November 4 is the Weigh-in; November 5 is the Prejudging; November 6 is the Finals. Because his suspension must end in time for the Weigh-in, you could suspend him for "one year less a day".
I really believe that the appeal process is the best way to go”.
TONY BLINN:
“Dear Rafael,
Given the unique circumstances, your "exception" is most welcome.
In my opinion, may I suggest we act as follows:
OPTION #1:
Apply the WADA Code and IFBB Anti-Doping Rules, suspend Santos for two years, advise him to appeal to the IFBB President (as is his constitutional right), strike an ad hoc appeal committee, which would overturn the hearing decision and render an appeal decision to reduce the suspension to one year.
OPTION #2:
Apply the WADA Code and IFBB Anti-Doping Rules in the hearing decision, state why he cannot succeed in his petition for relief under Articles 10.5.1 and 10.5.2 (the reason why should be obvious to all and I strongly believe we shouldn't play with this), but, when it comes to the suspension part of the decision, reduce the suspension to one year based on "exceptional circumstances". Of course, we will have to state what these circumstances are in a way that is acceptable from a "justice has been done" point of view.
I don't believe WADA would agree with such a decision; however, even more important than WADA, we have to do what's in the best interests of the IFBB first and foremost. And we all seem to agree that it's not in our best interests to suspend Mr. Santos for two years”.
RAFAEL SANTOCHA:
“Dear Members of the Anti Doping Commission:
You know that you have my full respect and trust regarding your decisions, and that I never interfere on your efficient work.
Let me make an exception in the case of Jose Carlos Santos.
I think that everybody is sharing the same feelings.
I was specially moved reminding the previous misunderstanding in the Malaysia World Championships.
I believe it would be advisable to have a shorter period of suspension with a reinstatement test, or something similar.
I leave this in your capable hands, but I wished to share with you these feelings.
Best regards,
Rafael”
EDUARDO HENRIQUE DE ROSE ESCRIBIÓ:
“You open the door for personal comments and I was considering to do one but, because it was a case of a Brazilian athlete, I was restraining myself to do it.
We have here an athlete that was many time World Champion, was also tested many times without any problem, and we never had a problem with him before. As a matter of fact, he had a problem with as, because the only time that we try to eliminate the athletes with adverse analytical results from Friday to Sunday, we disqualified him improperly, based in a preliminary report of the lab, that confess later on that a mistake was made.By this mysterious thing of the life, the lab was in Thailand, and with the disqualification of José Carlos, the Thai athlete won the Gold Medal in the category.
In my opinion, it is time to pay him back the mistake that was made, and to deduct some time of his sanction, enough to permit him to compete in Dubai, and to avoid a sad ending of a great athlete. My recommendations would be, for this reasons, to give him a sanction of one 18 months what would permit him to compete in the next World Championship”.
TONY BLYNN:
“I realize that personal feelings cannot enter into our hearing decision in the case of Jose Carlos Santos. Having said this, I must express my disappointment at hearing the news that Santos was positive. Such a great history of accomplishments -- a 6-time IFBB World Champion and Gold Medalist at the World Games. Tested negative more than 25 times.
I am remembering how we failed him at the World Championships at which he was mistakenly disqualified before the finals. I witnessed first-hand how deeply this affected him at the airport the next day. He was still in tears and appeared stunned and lost at how this could have happened. I recall feeling sad for him and ashamed at the same time because I was part of the IFBB officialdom that should have prevented it”.
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