It doesn’t really matter which of us is right, except that it is good to know your enemy. But this is compelling evidence for me that WADA appealed to lower the burden of proof. It is a direct extract from page 30 of the WADA Foundation Board Meeting, 13 May 2017, Montreal Canada :
On the legal cases, quite a bit of money had been spent. There were a few big cases ongoing. He informed the members that WADA had appealed on Friday the cases from the Australian football leagues (34, potentially 35, cases). That would not help with the budget, but it had really been felt that it was very important from the point of view of principles. The initial decision had been questioning the ability to pursue non-analytical cases, and the level of proof required to win the cases and, at a time when the new Code was entering into force and putting a lot of emphasis on non-analytical cases, it was important to set the right precedent. Those cases were being appealed at the CAS.