Sun | Jul 22, 2018

Nesta ruling unfair, illegal

Published:Friday | January 27, 2017 | 12:00 AM


I find the Nesta Carter issue deeply disturbing.

In my opinion, it's illegal and unfair (and illegal because it's unfair) to withdraw a medal awarded after all due diligence, including dope tests, was completed.

I don't have a problem if the International Olympic Committee wants to go back a thousand years and retest available samples, but the consequence can't be disqualification or withdrawal of a medal awarded in accordance with the rules. It seems to me that only suspension or a fine of the athlete would be available punishments.

What if Carter had died in the interim and couldn't have mounted a defence? What of innocent third parties whose lives and careers have been planned for a decade based on the legitimate award of that medal?

It's the same problem I have with the appeal court's decision in the Holness scheme of letters case. By all means find the scheme unconstitutional if you must, but that finding can't be used to unseat two senators duly appointed under the seal of the governor general and against whom no allegation has been made. Worse, the remedy of reseating was granted to a former senator not party to the lawsuit and who didn't apply to be joined.

We seem to be confusing guilt/liability and available sentence/remedies.