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Brandon Stewart


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Posted

All the mud slinging, focusing on each point etc.. aside guys Do you think SAIDS and or Cycling SA are actually doing their job properly as much as their function is to prevent and control drug use in sport etc.. etc.. it appears these applications for medical use of restricted or prohibited medicines are pretty rarely used with little or limited knowledge and support among the athletes on how to properly use them, Should SAIDS and cycling Sa and other controlling bodies not have a department that assists athletes instead of a zero response attitude until you transgress then we will take out the big stick and beat the hell out of you and brand you a cheat for life. Even on SSport last night they said Impey is still awaiting his hearing and has not heard a word, his suspension was in February I think and its almost September. How as a pro athlete or serious amateur do you keep going under circumstances like this, Saids make an announcement basically declaring you a cheat wait months for speculation to destroy you and your sport then come out as the judge jury and executioner at their sole discretion and time frame when it suites them. Something is terribly wrong with the system here.

 

We all accept there will always be a number of cheats that set out with that purpose in every sport game etc.. but how many unintended or plainly uninformed athletes are we going to crucify due to lack of backup guidance and support that have made genuine misjudgements or misinterpreted what they have been told and be destroyed as a consequence. I dont believe SAIDS is doing its job propely or it is plainly only half an organisation and the support and guidance side is missing. the moment that they got notice of the first treatment in this case they should have contacted the athlete and said stop but instead just silence and a big stick.

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Posted

Big problem is that it doesn't take a few days... Mine took 6 months!!!!! so by then with such poor performance I would have lost my contract>>>>>> Does that help??

 

Would they really have ended your contract given the circumstances? I was under the impression that they were quite supportive?

 

BTW, dont take this personal (all my questions and my sceptism), its actually been pretty interesting to hear your side, unfortunately i dont think we will get to hear the othersides story hence some of my questions.

 

BTW, if you do take it to CAS and have to come to switz, your welcome to stay at our place if you need a place to stay.

Posted

I don't think that would have made a difference, because even if he did not compete, he would still get tested, thus the positive out of competition test, same as David George. I think all you can probably do then is to almost "retire", testing will stop, get healthy and then get tested for 6 months before you can come back to compete.

 

Sounds Like Oupa Victor Matfield

Posted

 

Big problem is that it doesn't take a few days... Mine took 6 months!!!!! so by then with such poor performance I would have lost my contract>>>>>> Does that help??

Which you lost anyway. At least then you would have still been eligible for a new one, now you are not and sponsors are pulling out so other riders also aren't.
Posted

 

 

Ah, but have you considered that she may have had Ostensible Authority? Brandon is not a lawyer, and he did not (and should be expected to) analyze her powers at SAIDS with the benefit of your legal training.

 

 

In Brandon's mind, Anique was the person at SAIDS who is responsible for the issue of TUES. Ergo - she was the bees knees on all matters TUE as far as he was concerned. He acted on what she told him, attaching the weight of her position to what she said. She never responded to his email. She never placed her authority in dispute. So - the argument goes - SAIDS are estopped from denying her authority.

 

1000 curses on @Slowbee for removing that billing address. :)

And what is her account of events?
Posted

Ah, but have you considered that she may have had Ostensible Authority? Brandon is not a lawyer, and he did not (and should be expected to) analyze her powers at SAIDS with the benefit of your legal training.

 

 

In Brandon's mind, Anique was the person at SAIDS who is responsible for the issue of TUES. Ergo - she was the bees knees on all matters TUE as far as he was concerned. He acted on what she told him, attaching the weight of her position to what she said. She never responded to his email. She never placed her authority in dispute. So - the argument goes - SAIDS are estopped from denying her authority.

 

1000 curses on @Slowbee for removing that billing address. :)

I have considered it Harryn. Please look at his own words in his email. He knew that she did not have authority.

Posted

 

Big problem is that it doesn't take a few days... Mine took 6 months!!!!! so by then with such poor performance I would have lost my contract>>>>>> Does that help??

Thought your sponsors were standing by you? So did you take testosterone to keep your contract?
Posted

Question : is the list of banned substances being over policed in some case ie: the finding of a substance present but not in a quantity that would be beneficial with no other trace of its use prior or after the incident. How many are being banned for the one off finding of a substance that may have been accidental and a more intensified testing without notification would be more appropriate with a second finding getting back dated with more intense penalty ie: 5 years ban or life ban. Obviously the controlling body along with the testing body would have to look at the evidence and establish or decide if unintentional consumption could have in fact been the case if no further use if found after the more intensified watch period and the athlete should then be notified of the past find and be warned with a short say 6 month competition ban to be more careful. The finding of a trace of a banned substance does not mean you are a cheat, with more and more medicines etc being produced in cheaper production areas dare I say third world style cheaper production with workers who dont understand the associated risk or consequence of cross contamination or a producer who substitutes a chemical on cost basis to increase profit as a filler and doesnt say anything are our sports people not at greater risk everyday especially with the modern ability to identify traces of chemicals in smaller and smaller quantities. What Im basically saying is a one off finding in trace quantity or quantity so small as to be of no benefit should maybe not be an immediate notification and suspension, should they not wait for the second finding before declaring an athlete a cheat, if an athlete slips up once he will slip up again and the intensified watch now they know what they are looking for and will very quickly identify a continues user and confirmed cheat. At what point will the risk of the finding of a banned substance and immediate banning and branding as a cheat start to be detrimental to sport in general where people will not want to compete at top level because of the risk. we will never manage to catch every cheat but we can start to swing the scale the wrong way to the detriment of sport in general by being over eager and I think we may be fast approaching that point with the way things are going.

Posted

Maybe the point here is BS has been very open with his own medical records etc.. level of 9 I think he said normal is 12 to 18, I for one if my health was going downhill effecting everyone around you and yourself and my doctor said your levels are 30% below normal you need treatment, I would also be looking to start treatment asap and the person to who I have applied to for authority says if your doctor says it is required we basically cant stop it, I would have done the same thing.

But hang on SAIDS says bull**** you need to be an 8 or 40% or more below normal before we think you require treatment so destroy your health some more so we can allow you to get treated therefore we deny your need for treatment. With a below par level of testoterone you are at a disadvantage to the rest of the field from the start .

 

SAIDS get real and wake up the very first shot at 40% would probably have put him into the 30% below or even slightly higher level.

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