Irishathlete wrote:
So we don't know the infraction. We don't know the precedent been set until we hear the details of what occured.
My point is simple, until we know why she was originally DQd we can't give an informed opinion on the right or wrongs of the decision. It's pretty straightforward, judgement must have a basis in fact, and stating "outside assistance" so case, as some have is in my opinion at best naive.
It's also curious those willing to believe the athlete guilty based on the DQ received are not willing to accept the new verdict.
Hopefully details will emerge
With all due respect, having suggested some on here are 'naive', you seem to be slow on the uptake.
The issue is not whether she should be DQ'd: she was. But having been DQ'd the appellate body (not CAS btw) decided the appeal and recommended the DQ be rescinded on grounds which seem shaky. Fine with the decision and there is no chance of this being taken further (aka 'I accept the final verdict').
The grounds on which that decision was based has been shared. The appellate body's decision confirms that Thoes did receive outside assistance (see posts above for the rule infringed, the penalty is DQ) (thus confirming Thoes' "guilt" but recommended that the DQ be set aside because it 'did not affect the result of the race'.
The appellate body's judgement was not on "a basis in fact" it was on the basis of the most likely effect (or lack of) on the result of the race: a judgement call.
As you say "hopefully details will emerge", but it's reasonable to be keen to understand why, and ask why that hasn't happened. And also reasonable to observe that if precedent is set that penalties can be successfully appealed if their infringement "does not affect the result of the race" then there will be less deterrent to ignoring the rules.
What if Thoes had been DQ'd for littering. Do you think an appeal should be successful on the basis that it didn't affect the result of the race? Skipper had to repair a puncture in ?2019 and left the holed tube on the roadside. He was DQ'd. Did his leaving the tube there 'affect the result of the race'? The 'no littering rule is there to deter littering (see also sportives) and the 'no outside assistance' rule is there to deter that. Imagine what would happen if outside assistance was allowed in races.
HTH
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