Ashenden uses science to draw his conclusions, but we don’t need it to make logical inferences:
You or I think Lance doped = an opinion
Real dope testing expert publicly states Armstrong doped in '99, and a year later he hasn’t been torn a new one = Armstrong probably doped in '99.
Do you know how hard it is to sue somebody for libel? I wouldn’t be surprised at all if LA doped, but you clearly don’t understand what a libel suit takes to win. Ever wonder why the National Enquirer et al. rarely face successful lawsuits?
Yes, when you sue someone for defamation (libel or slander) firstly you have to prove that the person made the comments and that the comments can or will cause you harm financially, reputation or otherwise. OK so I think that would be pretty easy to prove that allegations of doping would hurt a TdF winner. The comments definitely could cause harm.
Secondly, if the person is a public official, you have to prove that the comment were made with malice. Not sure on Ashenden’s status here. May be considered a public official in AUS, but probably not in US. In which case the comments are onyl required to have been made out of negligence.
Once that is achieved, the burden of proof then lies on the defendent to substantiate the comments. Since this a civil case, the standard of proof is only the preponderence of evidence. Thus if Ashenden can not prove that his claims are reasonable, then the defamation suit would succeed.
So since Lance claimed to be totally vindicated by the court when the issue of the 1999 samples first came out, and completely innocent of doping, ipso facto, a defamation case should be relatively easy to pursue.
maybe the absence of a defamation suit would cause some to believe that Lance had something to hide. However, and to the OP, Lance did pursue some legal action in this case (more centered around rule of evidence and persoanl rights than that issue of doping) and was victorious. Maybe he felt that that the legal case won was suffucient to prevent the majority of the damage that the allegations might have made to his reputation and thus didnt need to sue everyone.
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