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Carolina Kostner, after being disqualified for sixteen months from the National Anti-Doping Tribunal, announced it would fight until all & rsquo; last grade of trial to prove his innocence.
Sunday 18 January 2015 7 minutes reading time
Specifically, l & rsquo; defense attorney John Fontana challenged the verdict from the sports justice Italian and announced an appeal with the Court Arbitrary Sports Lausanne noting how the criminal conduct of Kostner there was full awareness of & rsquo; use of doping practices by Alex Schwarzer.
At this point, taking note of the position of those who & egrave; was sentenced, & egrave; one wonders where that gives rise to different positions between defense and prosecution on the one hand / justice from & rsquo; other.
Carolina Kostner & egrave; been disqualified under the provisions of & rsquo; Article 2.8 of the Anti-Doping Regulations Sportiva, which refers to the conduct of: & ldquo; provide assistance, help & nbsp; or provide any other type of complicity & # 768; in reference to any violation or attempted violation of NSA & rdquo ;.
Specifically, the rule infringed is the 2.3 which reads cos & Igrave ;: & ldquo; No show or refused, without justification, to submit to Sample collection after notification in accordance & # 768; with applicable anti-doping rules, or however otherwise evading Sample collection to & rdquo ;.
As shown by applicable law, the combination of Articles 2.8 and 2.3 of the Anti-Doping Regulations do not require any specific intent, n & eacute; much less a full awareness of & rsquo; use of doping practices on the part of the subject where & egrave; state aid granted in & rsquo; evade doping control. Consequently, the violation & egrave; consumed when the accomplice, in this case Kostner, mind & Outdoors; official doping presented himself at the & rsquo; home of Oberstdorf. & Nbsp; The conduct of Kostner & egrave; clearly time to infringe & rsquo; Article 2.3 of the NSA as causes Schwarzer, at that time, to escape anti-doping surprise.
For this reason, the National Anti-Doping Tribunal has inflicted on the skater a disqualification of 16 months, reducing by one-third the request of the Attorney punishment because Doping & egrave; the complicit & agrave; not & egrave; was considered significant, considering that Schwarzer & egrave; was then tested in another place within a few hours from the control failure.
The defense for its part asked the & rsquo; acquittal on the grounds that Kostner, when he lied to & rsquo; WADA official, was not aware of doping practices from & rsquo; then companion in life. On this point you should base the appeal to the CAS, which, in other cases, required the & ldquo; full awareness of conduct & rdquo ;.
Right hand, for & ograve ;, l & rsquo; interpretation of the National Anti-Doping Tribunal would not seem to make a turn. The criminal conduct not & egrave ;, in fact, to have helped the doped Schwarzer to evade control, but to have allowed all & rsquo; Schwarzer athlete to evade control (Article 2.3). The difference, certainly not subtle, between the meanings of & ldquo; doped & rdquo; and & ldquo; & rdquo athlete; is not in any way relevant to the criminal conduct as not required.
Also follow the strategy to seek a conviction for failure to report the failure to control (worth less), instead of & eacute; for complicity & agrave; (Greater punishment), it would seem not hold up. In fact, in this case Schwarzer / Kostner, the violation less serious, then l & rsquo; & egrave failure to report; including conduct in effect complicit in & agrave ;, which in fact the & ldquo; & rdquo absorbs; eliminating the possibility & agrave; that there is conviction for two separate violations.
In conclusion, in light of what summarily shown, the path that should lead to & rsquo; aside the disqualification is full of obstacles and, except shots of theater, today hardly conceivable, & egrave; unlikely to have a happy ending. However, in the light of the day occurred when indicted in late July 2012, not & egrave; exclude that it may get a reduced sentence.
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