Retrospective Testing of International – Athletes by WADA

The fears of Olympic champion Usain Bolt losing his Olympic 4×100 m-relay gold medal has arisen after 4×100 m-relay teammate Nesta Carter failed his dope re-test over stored-samples marked ‘A’, and possibly ‘B’ for the banned-stimulant Methylhexaanamine.
Jamaican Sprinter Nesta Carter had earlier won Olympic 4×100 m-Relay gold medal with international-famed teammates Usain Bolt, Asafa Powell and Michael Frater in 2008 Beijing Olympic, who face risk of not only retrospectively-losing their gold medals won for Olympic 4×100 m-Relay but also face the risk of defamation, and slander that will have the adverse effect on their off-field earnings from endorsements, appearances, and royalties.
That first leg relay specialist for 4x100m Nesta Carter, helping the Caribbean-Island of Jamaica win back-to-back gold medals at the 2008 and 2012 Olympic-Games in Beijing and London respectively, and win gold medals at the 2011, 2013 and 2015 world-championships.
The adverse effect on their off-field earnings stems from corporate sponsors who seek legal protection of their brand names, trademarks/logos, and service-marks/logos by retaining the right to terminate sponsorship agreements that include periodic or linked pay-outs for endorsements, appearances, and royalties if there is such evidenced declaration of drug abuse and cheating by sporting celebrities to enhance their sporting performance, while some claim that related news of being suspects extends to accusations of cheating to reputation of brand ambassadors also has similar effect on their Off-field earnings from endorsements, appearances, and royalties.
That case in point is tennis star Maria Sharapova’s earlier failed drug test at the Australian Open in January 2016, which is one of four annual Grand Slam events, has signaled start of the fall in off-court career earnings from endorsements, appearances, and royalties whose cumulative-earnings stood at more than $200-million, and earnings at $29.7 million last year in 2015, according to Forbes magazine, and figures eagerly awaited for 2016 for objective analysis of this hypothesis.
That 4×100 m-relay teammate Nesta Carter failed dope re-test relates to testing-positive for the banned-stimulant Methylhexanamine after WADA re-tested 454 samples from the 2008 Beijing Olympic Games, which said banned substance until 1983 was sold OTC as Nasal Decongestant in USA, and today used as the ingredient in dietary supplements. It is reported in leading global news-agencies that traces of banned-stimulant methylhexanamine were factually discovered in Jamaican sprinter Nesta Carter’s ‘A’ sample, which is part of the batch of 454 samples from the 2008 Beijing Olympic Games being re-tested by WADA after the IOC ordered the said samples to be re-tested, thereby evidencing usage of the banned stimulant for illegal performance enhancement.
The Jamaican sprinter Nesta Carter could face severe punitive sanctions, including losing his Olympic 4×100 m-relay gold medal for the period of evidenced drug use, and additional 6-12 months of competitive sprinting coinciding with Rio Olympic Games, and also effecting the loss of Olympic 4×100 m-relay gold medals for his other 3 team mates including Jamaican sprint champion Usain Bolt, if, and which is subject to Nesta Carter’s ‘B’ sample also testing positive for the banned stimulant methylhexanamine. Jamaica’s Olympic trials commence from June 30 to July 3 before start of Olympic Games at Rio from August 5-21, 2016.
That banned stimulant methylhexanamine has been on the WADA code’s prohibited list since 2004, although it was reclassified as banned stimulant on the 2011 List of banned substances as specified substance’ which is defined by WADA as those banned substances that are more susceptible to the ‘credible, non-doping explanation’.
The IOC programme of revisiting samples for detecting banned substances such as said banned stimulant methylhexanamine is without legal protection of limitation period for taking action against athletes who may fail such doping retest as part of the regulatory principal of natural justice that is aimed at using scientific developments in dope testing techniques to expose traces of such banned drugs that were scientifically undetectable in 2008 or 2012.
That IOC Disciplinary Commission, notwithstanding political pressure or influence to keep such competition away, or zero tolerance Policy against dope violators, has been appointed by IOC President Thomas Bach fully empowering said Disciplinary Commission to take appropriate decisions to keep proven dope-violators away from Rio Olympic Games this year in 2016, while simultaneously announcing the re testing of 265 samples from the London Olympics-Games 2012.
There is however, the question of Law pertaining to limitation period in any appeal before the Court of Arbitration of Sport [CAS] that is to be considered, and could be taken up for such IOC Disciplinary Commission being set-up to take appropriate decisions, and ruling, and execution of punitive-sanctions if dope re-test for sample ‘B’ of Nesta Carter also turns positive for banned stimulant methylhexanamine on issues of whether IOC is barred by time to take such administrative action against the said athletes regardless of grounds for scientific developments of testing techniques in detecting traces of such banned stimulants in force today, and therefore IOC Disciplinary Commission is directed, ordered or commanded by Writ of Prohibition or Quo Warranto to proceed against the said athletes or Writ of Mandamus or Certiorari post-facto after ruling is made, and sought to be executed.
Only time will tell …

Author – Arjun J.Chaudhuri

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