Other cricketing drug cheats, such as?
irrelevant.
Drug testing should be mandatory in cricket and the fact is Warne is a drug cheat.
Fine, but the IOC and the IAAF are not sporting bodies associated with cricket, and instead govern over a completely different sporting system with different requirements. The ICC had no such rule in place, so Warne could hardly be held to it. Even if you buy your theory about Warne's intentional taking of a diuretic as a performance-enhancing drug, or to mask them, would you suggest he be punished retroactively with laws put into place after his alleged crime?
Ofcourse. Retroactive punishment occurs in the legal system of most nations-including yours.
A killer or a theif caught 20 years after the crime is tried on CURRENT laws, not previous laws. And in many times, a re-appeal is considered for crimes that have been judged previously( either parole for an excessively harsh sentence or re-sentencing for an excessively lenient sentencing).
And while IOC and IAAF are not technically associated with cricket, it has been recommended many times in the past that cricket should adopt the doping regulations put forth by IAAF like many other sports did. There is no room for drug abuse in cricket.
Besides, Warne was sentenced by Cricket Australia, an entity it serves, rather than the governing body, like ICC. In MOST other sports, sentenceses are carried out not by the employer but a governing body without any direct relations with the player.
As such, it is ethically wrong to have a judgement pronounced by a party such as CA, which has vested interests in Warne, as they are his employer. That is a case of judgement pronounced by a biassed party. In no credible legal framework do you see sentencing being carried out by a party that has vested intersts in the guilty party. That is almost derelection of duty.
Perhaps he took the diuretic for the reason stated (to lose weight to look good on television for his ODI retirement), but would not have if there had been rules in place saying that taking a diuretic would result in a lifetime ban and a removal of statistical records.
irrelevant.
Using drugs is not just illegal in sports, it is illegal in the legal framework of Australia. Warne could be charged with a public litigations lawsuit and he would be found guilty in that case.
Well, what qualifies as a quality attack? The Australian team Kallis faced in 2002/03 is undoubtedly one of the strongest ever fielded, and Kallis was easily the best South African batsman, scoring a very respectable 245 runs @ 49.00 in the away series, and an average 184 @ 36.80 in the home series. In the home series he also took 11 wickets. Since then he has undoubtedly improved as a batsman, but I'm really not sure what you would consider a "quality attack" in that time.
I can give you several instances of 'quality attacks' but suffice to say that in the las 3-4 years, none of the attacks bar australia have been quality attacks. Over the last 10 years or so, the only attacks that have qualified as 'quality' are Australia, West Indies(till 2000 or so), Pakistan(till 2001 or so) and South Africa(till 2000/01 or so).
While Kallis did pretty good in the series you mentioned, Kallis has averaged 40+ in only 2 of the 9 series against those attacks.
And how well one did in one particular series is not the point. How well he did OVERALL is whats of concern, as successes must ALWAYS be balanced with failures to get a complete picture. Kallis is pretty mediocre against quality bowling attacks and i wouldnt include him to face a quality bowling attack like OZ just on the merit of his batting alone.
Yes, the fact does remain that you have absolutely no proof that he took performance enhancing drugs
irrelevanant. The FACT is Warne got off very easily compared to the standard fate of people found taking a masking agent.
If you have a masking agent in your system, you are AUTOMATICALLY GUILTY of taking BANNED SUBSTANCES and therefore eligible for far severe penalties.
What you are arguing is similar to saying that while someone's fingerprints are there on a knife and is the most recent DNA sample, there is no way to prove that he/she actually stabbed the dead person so therefore is not guilty of murder.
I would ask you to take your reasoning to any standard courtroom and provide some comic releif.