The Panel has not made a ruling on whether and to what extent the alleged doping scheme during the Sochi Games existed and how it operated (...) the Panel did not consider it possible to conclude that the existence of a general doping and cover-up scheme, even if established, would inexorably lead to a conclusion the Athlete committed the ADRVs alleged by the IOC
Au cours de ses auditions, qui avaient commencé fin janvier, ce dernier a en effet admis n'avoir jamais distribué le cocktail Duchesse, n'avoir jamais vu un athlète prendre le fameux cocktail, pas plus qu'avoir été témoin d'instructions données aux sportifs et entraîneurs d'en faire usage. Grigory Rodchenkov a également admis qu'aucun test sur l'efficacité du cocktail Duchesse n'avait été fait, et lorsqu'il a été interrogé sur sa composition exacte, il a simplement déclaré qu'il avait besoin de cinq minutes pour s'expliquer... et s'est abstenu de le faire. (...) S'il a répété qu'une équipe de «responsables», surnommée les «Magiciens», avait développé une technique pour ouvrir les flacons d'échantillons conçus pour être inviolables, il a précisé n'avoir «jamais vu un flacon être ouvert», ajoutant qu'il ne connaissait pas la méthode employée.
At the outset of his testimony, Prof. McLaren expressly emphasised that, insofar as wrongdoing by individual athletes was concerned, he was not asked, nor had he attempted, to determine whether any individual athlete had committed an ADRV. Instead, he was “merely asked to identify those who may have benefited from the systems” described in the McLaren Reports. (...)
Prof. McLaren went on to explain that, in this respect, if his investigation obtained evidence that a particular athlete may have benefited from the scheme, then “It didn’t mean that they did benefit. It didn’t mean that they committed [an] anti-doping rule violation.” Prof. McLaren’s mandate simply required him to identify athletes who may have benefited from the scheme. He was not, however, a result management authority with respect to particular athletes.
During examination-in-chief by the IOC’s counsel, Prof. McLaren was asked for his response to the suggestion that the McLaren Reports were based only on the testimony of Dr. Rodchenkov. Prof. McLaren responded that this was not an accurate characterisation. In particular, he explained that he had sought to corroborate everything that Dr. Rodchenkov said to him. To this end, Prof. McLaren had consulted confidential witnesses, numerous documents and an array of forensic scientific testing. With respect to the confidential witnesses, Prof. McLaren explained that during the course of his investigation he had spoken to four individuals who provided information on condition that their identities would remain confidential, in view of the serious risks they would face if their cooperation with Prof. McLaren became known
Prof. McLaren had received the data as an image of the data in Russian language from a laptop. The authenticity of the data was examined from that image by an expert whose name he could not remember.
Prof. McLaren was cross-examined by the Sochi Appellants’ counsel. During the course of that cross-examination, Prof. McLaren stated, among other things, that: He had not specifically checked whether or not each of the athletes listed on the Duchess List had, in fact, gone on to compete at the Sochi Games. He did not know whether any of the individual athletes named on the Duchess List had, in fact, competed after consuming the Duchess Cocktail. He had not instructed any experts to analyse the likely composition, dosage and effects of the Duchess Cocktail. He confirmed that Dr. Rodchenkov’s testimony was that “most” of the “protected athletes” were on doping programmes. Prof. McLaren considered it “reasonable to assume”, therefore, that Dr. Rodchenkov’s testimony was that not all “protected athletes” were on doping programmes. Prof. McLaren was unable to identify which of the athletes were, and which were not, on doping programmes. He had not attempted to contact any of the Russian individuals, such as Mr. Kudryavtsev or Mr. Yuri Chizhov, who were named in the McLaren Reports as having been integral participants in the doping and cover-up scheme described in the reports. CAS 2017/A/5379 Alexander Legkov v. International Olympic Committee (IOC) – Page 70 In view of his mandate, he had not investigated whether any of the individual Sochi Appellants had failed to comply with doping control procedures. Nor had he spoken to any of the Sochi Appellants with a view to obtaining information about potential ADRVs.