Strict liability - CAS confirm what it means
"The Court of Arbitration for Sport ruled that Gibbs could not prove a friend had spiked his drink with the banned stimulant in February 2010."
"To permit an athlete to establish how a substance came to be present in his body by little more than a denial that he took it would undermine the objectives of the code and rules," wrote Beloff.
http://news.bbc.co.uk/sport1/hi/other_s ... 411787.stm
Two year ban. Next stop for Bertie, me thinks
"To permit an athlete to establish how a substance came to be present in his body by little more than a denial that he took it would undermine the objectives of the code and rules," wrote Beloff.
http://news.bbc.co.uk/sport1/hi/other_s ... 411787.stm
Two year ban. Next stop for Bertie, me thinks
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Comments
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It seems they're suggesting that it's morte a reversal of the burden of proof rather than strict liability
It's rather like the principle of "res ipsa loqitur"; the facts speak for themselves, leaving a defendant liable unless he can prove an innocent cause of the positive test.
That's quite a way from short of what we lawyers would call strict liability.0 -
Gingerflash wrote:It seems they're suggesting that it's morte a reversal of the burden of proof rather than strict liability
It's rather like the principle of "res ipsa loqitur"; the facts speak for themselves, leaving a defendant liable unless he can prove an innocent cause of the positive test.
That's quite a way from short of what we lawyers would call strict liability.
I take your point, but it's not really. The strict liability is still there. Positive test = ban. The prove how it got there relates to the length of the ban.0 -
Ah yes, I hadn't realised that he was only appealing against the sanction, not the conviction.0