Justice Pound? Or Pounded Justice?

Dick Pound, who will be stepping down from his position as head of the World Anti-Doping Agency in November, would like to head up the Court of Arbitration for Sport, according to an article at SportingNews.com. The mind reels at the possibilities.

Pound, apparently, is serious about this. According to the SportingNews article:

Pound, a longtime lawyer and senior International Olympic Committee member from Canada, said the CAS position would be a natural fit after seven years as head of the World Anti-Doping Agency.

“It’s closer to what I actually do for a living than anything that I’ve ever done for the IOC,” he told The Associated Press. “I’d certainly be willing to do it.”

Good to know he’s willing to do it, if his chums on the International Olympic Committee want him to. But is it a good idea for Pound to take over the leadership role of an organization that’s supposed to be fair and unbiased in its rulings?

Consider his tenure at WADA. While Pound certainly deserves some credit for building the organization from the ground up, the organization and it’s anti-doping process are clearly in need of an overhaul less than 10 years after it was created.

The process an accused athlete must endure, should he or she choose to fight doping allegations is rigged so that the anti-doping side will almost always win. It is, to put it bluntly, the kind of game that the mobsters who built Las Vegas into a gambling mecca could love. The house almost always wins, and the rules are set by the house. On those rare occasions that the house doesn’t win, Pound has called for an investigation into the proceedings. Think about his response to the test results for Marion Jones’ B sample last year.

He didn’t say, “Well that just proves the inherent fairness of the system. On retesting, no violation could be proved, so she’s free to compete.” No, what he did was demand that the testing lab turn over records for review by WADA, implying that perhaps there had been some shenanigans that led to the B sample result. Was he truly interested in learning how a B sample test could contradict the A sample, or was he trying to intimidate the UCLA lab? My money is on the latter.

Pound is certainly one to speak his mind, and is one who doesn’t back down from the things he’s said. That’s good if you need a defense lawyer. Perhaps he entertains notions of being the Canadian version of Johnnie Cochran. If so, I would suggest he work on his rhyming skills.

But by being so outspoken, he has also been the person who has done more to damage the credibility and reputation of WADA than anyone else. If people perceive the current anti-doping system as being similar to justice in a banana republic, or a circus, or merely a system that’s run amok, a good chunk of the blame falls on Dick Pound’s shoulders. Sure, doping scandals cause incalculable damage, but the damage doesn’t need to be compounded by Pound’s utterances.

Lobbing verbal cluster bombs and not caring about the collateral damage is exactly the opposite kind of behavior needed in someone who heads up a quasi-judicial body like the World Anti-Doping Agency. The person who heads such an agency is responsible for ensuring that the system is fair, and that it provides those accused with true due process. His job is to ensure that labs are properly accredited, run, and — when necessary — disciplined, should the need arise. His job is to ensure that the tests the agency recommends or requires actually do what it is they claim to do.

His job is not to pronounce the guilt or innocence of someone who is accused of wrong-doing. That’s the job of an arbitration panel or a judicial system. His job is to see that the system is credible, that it is effective and that its monies are spent properly. Like for research and quality assurance. He should leave the job of judging someone’s guilt or innocence to those who have access to the facts and whose responsibility it is to understand and interpret those facts.

It’s bad enough to have Pound as the head of WADA, but for him to be heading up the Court of Arbitration for Sport? Kiss the credibility and effectiveness of the CAS goodbye if Pound assumes the top role. Don’t expect him to stop talking trash about accused athletes. Instead, expect more quotable quotes. Quotes that have the potential to cause real harm and real damage to athletes’ reputations, image, standing in the community and ability to make a living.

Pound told the Associated Press that he first talked about the possibility of taking on the role of CAS president with Rogge late last year.

“After Keba Mbaye died [note: Mbaye was the president of the CAS from its founding in 1983 until he died on January 11th], the thing accelerated,” he said. “It became more real than theoretical. One way or the other I’m sure they’ll find something for me.”

Pound also told the Associated Press that he would not serve as an arbitrator for any cases that originated from WADA during his term as president of the anti-doping agency.

“If there is a case that predates my appointment, I should play no part in the outcome of the proceedings,” he said. “That’s pretty standard.”

Not serving on a panel considering such a case would be the least Mr. Pound could do to ensure the objectivity of the CAS. But his very presence as the organization’s leader would be enough for many to call into question the organization’s objectivity and effectiveness.

Pound is, according to the article, one of several candidates that the IOC is considering for the post. Let’s hope that Jacques Rogge really does have several other candidates in mind. And let’s hope that those individuals get some serious consideration. One big concern is whether the old-boys network will give Dick Pound this new position as a “reward” for a job “well done.” Certainly, Jacques Rogge thinks Pound has done a good job:

“Dick Pound is an excellent president of WADA and will leave a very positive legacy,” Rogge said. “Unfortunately he has made many enemies among international federations and certain sports organizations. We asked him to be more prudent in his comments on ongoing cases. But I repeat: he has done excellent work.”

Could it be that Rogge would reward Pound for his efforts by moving him into the leadership role at the CAS? Hard to say, but it’s a scary proposition nonetheless. To have a divisive person like Dick Pound heading up an organization that is supposed to stand for integrity and fair play, when WADA, the organization he built, is hard pressed to be either is beyond the pale.

Just as a leopard can’t change its spots, Dick Pound cannot be expected to change his behavior should he become the head of the CAS. For that reason, Dick Pound is exactly the wrong person to lead the Court of Arbitration for Sport into the future.