Flandis: the 2 second verdict judgement

I have read the reports of the Flandis verdict and also the opinions, both majority and minority. I will caveat the following by noting that neither PPuppy V1 or V2 particularly care about my need to read this information so I may have missed an important point or 2.

In short, the verdict was correct.

What you say? I thought you hate WADA?

Well yes I do but.....

As I understand it the panel ruled that the initial test was not done according to the applicable international standard and threw out the results.

That is the correct result in my opinion.

However, the found that the second test was done according to international standard and upheld the result based on WADA's standards for a doping positive.

That is the correct result as well.

The beauty of following scientific protocol is it does not rely on the intention of the tester. If the protocol is followed a reliable result occurs. In the first test the did not happen. Whether the lab had malicious intent or not, the result was invalid and thrown out because the protocol was not followed. In the second test, protocol was followed and again regardless of intent the result is valid.

The problem, of course, is that the lab may have followed protocol in the second test's analysis but the use of the test as an anti-doping tool itself has not been validated.

However, it is my understanding that the arbitration panel is specifically barred from ruling on the actual scientific validity of a test. It can only rule on whether the testing protocols met international standards.

So the ruling was correct.

The problem I have railed against is WADA's use of unvalidated tests which it justifies by pointing out it follows a civil law standard... they only need to show it's 51% likely you doped. And that's what the arbiters found. It's 51% likely Flandis doped.