The Canadian lawyer who investigated the state-backed doping scheme by Russia when it hosted the 2014 Winter Olympics said the World Anti-Doping Agency rushed into accepting a bad deal by reinstating the country鈥檚 drug-testing program.
Richard McLaren told The Associated Press he suspected there were 鈥渓oopholes鈥 in the deal which Russia could exploit to back out of its promises, including the pledge to give access to the Moscow lab sealed by federal investigators.
鈥淭hey (WADA) have lost any kind of leverage over the ongoing situation with Russia,鈥 McLaren said Friday in an interview at a law conference, one day after WADA鈥檚 decision angered many anti-doping officials and athletes. 鈥淭hey have been rushed into a decision which they may regret given the outbursts of the athletes around the world.鈥
McLaren said WADA also erred by failing to end Russian legal cases in three countries arising from his work. They include former Russian sports minister Vitaly Mutko challenging his life ban from the Olympics.
鈥淭here鈥檚 lawsuits that should have been withdrawn,鈥 said the law professor, who is a witness in Mutko鈥檚 appeal to the Court of Arbitration for Sport. 鈥淎t the very least, why wouldn鈥檛 you ask for them to be withdrawn? They left things on the table.鈥
Asked if he felt let down by WADA, McLaren said: 鈥淪omewhat, yes.鈥
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The decision by WADA to reinstate Russia is a key step toward the country鈥檚 track and field team being welcomed back to international competitions such as the Olympics.
McLaren was appointed by WADA in 2016 to verify claims by Russian whistleblower Grigory Rodchenkov. The former Moscow laboratory director detailed Rodchenkov鈥檚 part in corrupting the 2014 Sochi Olympics to help the home team win more medals.
In two investigation reports, McLaren confirmed a state-backed scheme to swap tainted urine samples for clean ones through a hole in the wall at the Sochi lab run by Rodchenkov.
Russia has refused to uphold McLaren鈥檚 findings but recognized the report of an International Olympic Committee panel which shifted blame from state leaders.
In a victory Thursday for Russia, WADA agreed to reinstate the Russian drug-testing agency, known as RUSADA, by easing two strict conditions in a roadmap that had seemed non-negotiable: Accept McLaren鈥檚 report, and give access to the Moscow lab.
McLaren said he is skeptical about WADA鈥檚 compromise of setting Russia a Dec. 31 deadline to provide the lab鈥檚 trove of raw data, and a further six months to analyze samples that could prove doping by possibly hundreds of Russian athletes.
He said Russia could potentially use two tactics to block WADA 鈥 consent from the Kremlin-run Russian Investigative Committee, and invoking Russia鈥檚 criminal procedural code.
鈥淭here are two different possible outs there,鈥 McLaren said, referring to a Sept. 13 letter from Russia鈥檚 current sports minister to WADA that paved the way to the compromise. 鈥淲hat those are, are just a lot of loopholes by which they can back out of and never actually do what they say could be done.鈥
The document was key to the eventual reinstatement of RUSADA, but strangely it was on plain paper with no sports ministry letterhead, putting in question whether the written promises are from the author only or the government.
McLaren called it a 鈥減rivate communication,鈥 and questioned; 鈥淲hat happens when Minister (Pavel) Kolobkov is no longer the minister, which might happen any day now?鈥
If WADA鈥檚 demands are not met, the anti-doping agency could restore Russia鈥檚 non-compliant status. That could block Olympic sports federations from hosting events in the country.
Smaller governing bodies 鈥渁re not going to go along with that,鈥 McLaren said, 鈥渂ecause Russia offers large sums of money if you locate your international events within Russia. That鈥檚 money that is invaluable to them, critically important.鈥
Though clearly disappointed with how some of his findings have been handled, McLaren pointed to improved investigations at track and field鈥檚 governing body, and ongoing doping cases in biathlon and cross-country skiing.
鈥淚t鈥檚 accomplished a lot,鈥 he said, 鈥渁nd nobody has yet produced any contrary evidence that I am wrong.鈥
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Graham Dunbar, The Associated Press
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