KEY POINTS:
World Anti-Doping Agency CEO David Howman says that the two-year ban handed down to Alinghi America's Cup crewman Simon Daubney "spoke volumes".
Daubney's ban was applied after the Court of Arbitration for Sport overturned an earlier America's Cup jury decision, supported by the Swiss Olympic Association, which cleared
him of fault for the presence of cocaine in a doping sample.
The appeal was inspired by WADA after Daubney was cleared and Howman says the CAS finding supported WADA's discomfort over the original decision.
"Our view was that the case put up originally and accepted at the original hearing did not accord with science or commonsense," says Howman. "We felt the defence they offered was wrong and that is why we lodged an appeal. That view was clearly supported by the tribunal that heard the appeal - so much so that they decided upon a ban of two years when there was provision there for them to do less."
The CAS could have decided that Daubney would only serve a one-year ban if he could prove he bore no significant fault in the matter. He could also have been exonerated if he could prove no fault in the matter - but the court instead applied the harshest option of a two-year ban.
"That says to us that the tribunal essentially did not believe him," says Howman, "and that there was no substance to the defence. That comes from a body which now has a lot of experience in these matters and which has had to deal with a lot of submissions from athletes."
Daubney was one of the famous "tight five" who left Emirates Team New Zealand to form the core of the Swiss-based Alinghi crew. He was a trimmer in Alinghi's successful Cup defence against Team NZ last year and has now been in the winning crew in the last four Cup regattas.
Daubney quit Alinghi after the positive test but the America's Cup jury and Swiss Olympic Association then accepted Daubney's contention he had not knowingly taken a banned substance. His suspension was lifted by the International Sailing Federation (ISAF) in January.
At the original hearing, Daubney and Alinghi presented character witnesses, including Russell Coutts (now with the rival Oracle syndicate) and fellow Alinghi sailor Brad Butterworth, who testified that Daubney would not have taken cocaine knowingly, nor could they believe he would ever take a substance on the banned list.
This was all backed up by a lie detector test where Daubney was asked whether he had taken cocaine; the results of which indicated he was telling the truth.
In his evidence at the original hearing, Daubney stated he had been tested for drugs many times during his career. All had been negative.
But perhaps the nost jarring note in Daubney's defence was his contention that disgruntled Team NZ fans might have spiked his drink when he was at a Spanish bar.
He said a small, unruly element developed when he moved from Team New Zealand to Alinghi for the 2002-03 Cup, and he had been subjected to considerable harassment. He could not be contacted yesterday.
He earlier said that in the week before the drug test being conducted on June 23, race one of the Cup, he had visited one bar in Palma and two in Valencia where he had consumed drinks he had not bought, which could have been tampered with.
He received a note in the mail a day after his drug test which said, "I heard you were tested, how do you think you will get on? Ha Ha." Daubney discarded the note, thinking it was a practical joke.
Daubney's ban means he is nominally prevented from sailing in the America's Cup or any other International Sailing Federation event - but will likely not prevent him from sailing in the next America's Cup.
The two-year ban was applied from July 14, 2007 - after racing finished in the last Cup regatta in Valencia - and will end on the same date in 2009. That almost certainly means Daubney will be eligible for the next Cup regatta as most are betting on 2010 or 2011 for the next multi-challenger regatta.
He could be excluded from the possible head-to-head challenge with BMW Oracle in 90-ft trimarans if that clash is sanctioned after Oracle's ongoing court action. However, it is almost certain the multi-hull clash (if it actually goes ahead) will take place late enough in 2009 for Daubney to be eligible for selection, although whether or not he would be selected after a long absence is a moot point.
Yet Daubney's ban carries with it the unlovely tag of the first person in the America's Cup to be banned for drugs in its 157-year history.
