Losing a case is easy – Crowne

Sports attorney Dr Emir Crowne says ignoring the World Anti-Doping Agency (WADA) code, not using experts, and assuming the best during a hearing are what he describes as three "sure-fire" ways to lose a doping case. Crowne lists all three ways in an article he calls ' How to Lose a Doping Case in 3 Easy Steps'.

Crowne says the WADA code is based on what is known as a "strict liability" regime, meaning that once an individual is found with a banned substance in his system, it really does not matter how it got there or how much of the substance was found. He says the WADA code is very much like the speed limit on a highway in that it is easily ignored. But he discusses how to deal with the situation if an athlete finds himself in it.

"Instead, it is more important to treat anti-doping matters like criminal cases," Crowne says. "Plead for leniency, demonstrate how cooperative the athlete was during the sample collection process, and expect the anti-doping body to prove their case beyond a reasonable doubt."

Crowne says that using an expert is expensive and unnecessary as the party defending his innocence in a hearing can instead cross-examine the expert usually used by the anti-doping body.

Intentional or unintentional

"The expert will say things like, 'There's no way to tell if this was intentional or unintentional'; 'There is simply no way to tell how long the substance was in their body'; 'Everyone's metabolism is different'; 'Nanograms today could be grams last week'; and 'What we know - for sure - is that a banned substance was indeed found in their sample'. Classics. Shakespearean almost," he said. "Channel your inner Harvey Specter from Suits or, better yet, Chuck Rhoades from Billions."

Crowne says that assuming the best is dangerous, especially because doping cases are not easily won.

"The complete elimination of a proposed ban happens only in the absolute rarest of cases (for example sabotage)," he said. "But you're better than that. You have 'truth' and 'justice' on your side. Plus, the doping infraction was 'unintentional' and 'accidental'. How could you possibly lose?

"Ignore the strict liability regime. Rely entirely on your cross-examination skills and the scant few cases (worldwide) where an athlete has had their proposed ban entirely eliminated. Those are the sure-fire ways to lose a doping appeal."

Crowne recently represented national junior sprinter Briana Williams in a case brought against her by the Jamaica Anti-doping Commission in September. Williams, who tested positive for the banned substance hydrochlorothiazide, was issued a reprimand with no period of ineligibility by the Independent Anti-doping Disciplinary Panel, which oversaw the case. The panel said that Williams had established no significant fault or negligence as she was given tablets containing the substance by her guardian and had no intention of cheating in her In-Competition sprint event on June 21, 2019 (National Trials). Crowne described the ruling as "just and well-considered".