Competition Committee makes big move in Contador case

[theswordsman]

I've seen this on two websites now, with the most detail so far coming from El Pais. The source hasn't been named but the details sound real. Apparently the RFEC Competition Committee got a bit upset with the mudslinging and threats by various ruling bodies, and decided to do something unprecedented. I'll post a Google Translated paragraph, but check out the El Pais link for details. WADA hasn't responded yet, but the UCI is toi get back to the Competition Committee by January 24 or 24. I don't know how it will turn out, but it looks like a genius idea to me, with Contador the only one with an option to take the decision to CAS. Either way, the sand is running much quicker through the hour glass.

"La UCI y la AMA tardaron semanas en pasarnos la patata caliente para que decidiéramos sobre Contador y nosotros hemos pensado que son ellos los que deben mojarse", explican fuentes cercanas a la federación para justificar esta ligera subversión de los procedimientos, pues el reglamento de la UCI señala que corresponde a las federaciones nacionales la primera instancia de la justicia deportiva y que posteriormente, si no están de acuerdo con el fallo, la internacional se reserva su derecho a recurrir al Tribunal Arbitral del Deporte (TAS)."The UCI and WADA took weeks to spend the buck for us to decide on counter and we have thought that they who should be wet," say sources close to the federation to justify this slight subversion of procedures for the regulation of UCI says it is for the national federations the first instance of sporting justice and later, if they disagree with the ruling, the international reserves its right to appeal to Court of Arbitration for Sport (CAS). "Si la UCI y la AMA, tras estudiar los documentos presentados por la defensa de Contador, deciden que hay que sancionar, sancionamos; si deciden lo contrario, no sancionamos", añaden en la federación. "If the UCI and WADA, after studying the documents submitted by the defense to counter, they decide they must punish, sanction, if you decide otherwise, not sanctioned," the federation added.

http://www.elpais.com/articulo/deportes/ultima/curva/caso/Contador/elpepidep/20110109elpepidep_4/Tes

Second source, first to hit the web, but you have to pay for the full article.
http://www.diariocordoba.com/noticias/noticia.asp?pkid=608723

 

[hfer07]

Thanks for the link/info. I'm inclined to believe that RFEC has already reached a final ruling on Contador- but they want the UCI to make sure they "understand" the reasons behind it. I'd say it is a very clever move on their behalf & leaves no room for any obscure intentions beyond the sporting rules to extend this case more than it should. I hope he gets a fair ruling and comes back to the roads again soon

 

[Dallas_]

From my understanding, this tactical move is not an accepted protocol. If the UCI/WADA respond to RFEC as requested, the door could be opened for future cases to travel the same path.

Maybe RFEC have reviewed the defense evidence and decided on 6 or 12 months! Cannot see a 2 year sanction from RFEC with this move.
Alberto is headed to CAS. cheers

 

[python]

sounds like this move by the spanish panel is a lesson learned from the ovcharov acquittal.

iirc, then the german tabletennis bund made sure that the german antidoping agency was involved from get-go. that worked and the german nada did not appeal. even the european table tennis fed agreed and did not threaten to appeal.

but wada still had questions and demanded answers through cas.

by sharing some essential documents with the uci and wada, the spanish are heading off the repetition of the 'ovcharov scenario' ?

 

[TERMINATOR]

I've seen this on two websites now, with the most detail so far coming from El Pais. The source hasn't been named but the details sound real. Apparently the RFEC Competition Committee got a bit upset with the mudslinging and threats by various ruling bodies, and decided to do something unprecedented. I'll post a Google Translated paragraph, but check out the El Pais link for details. WADA hasn't responded yet, but the UCI is toi get back to the Competition Committee by January 24 or 24. I don't know how it will turn out, but it looks like a genius idea to me, with Contador the only one with an option to take the decision to CAS. Either way, the sand is running much quicker through the hour glass.

I don't understand what you are trying to say here. There is no "mudslinging" or "threats." You failed to show what the mudslinging and threats were and imply that WADA's statement that they will appeal anything other than a guilty verdict is somehow a "threat" when in fact it's not only obvious, but well within their rights.

I also don't see why either the UCI or WADA even need to respond.

 

[TERMINATOR]

sounds like this move by the spanish panel is a lesson learned from the ovcharov acquittal.

iirc, then the german tabletennis bund made sure that the german antidoping agency was involved from get-go. that worked and the german nada did not appeal. even the european table tennis fed agreed and did not threaten to appeal.

but wada still had questions and demanded answers through cas.

by sharing some essential documents with the uci and wada, the spanish are heading off the repetition of the 'ovcharov scenario' ?

Let's get one thing straight. WADA filed an appeal in the table tennis case. They didn't file documents with CAS to "get some answers to questions" as you say. They filed an appeal and want the full 2-year ban.

 

[hrotha]

Let's get one thing straight. WADA filed an appeal in the table tennis case. They didn't file documents with CAS to "get some answers to questions" as you say. They filed an appeal and want the full 2-year ban.

Link? Because the last news item I read about it was more along what python said.

 

[ultimobici]

Up on CN now.

http://www.cyclingnews.com/news/spa...uci-and-wada-to-co-operate-on-contador-ruling

The Spanish proposal could speed things up. “We can shorten the procedure, because if the UCI and WADA have input into our decision and agree with it, then they will not resort to the CAS,” the source said.

Another advantage would be that it would eliminate the claims of nationalism, that the federation was trying to protect one of its one. “This way they cannot say that the ruling was based on patriotism.”

Makes sense to me. Less chance of an appeal from WADA or the UCI as well as quashing any chance of national bias that many have accused the Spanish of in advance.

 

[hrotha]

It makes sense and it's why WADA's IO made the suggestion of taking away the process from the national federations in their Tour report, but it's still not the currently accepted protocol and if I must be at my most cynical I have to say it sounds like the RFEC throwing a tantrum.

 

[sometriguy]

sure sounds like an acquittal or a negotiated reduced sentence of some sort is coming.

If they were handing out a 2 year ban, I don't think they would be seeking cooperation

 

[sniper]

sure sounds like an acquittal or a negotiated reduced sentence of some sort is coming.

If they were handing out a 2 year ban, I don't think they would be seeking cooperation

Indeed, the decision seems wise,
It was a loose-loose situation for the RFEC.
If they'd call for a 2 year ban, they'd have the AC-fanclan (including several members of the RFEC) all ****ed off, and might be getting negative press within Spain.
On the other hand, if they'd call for a reduced ban, they'd have the UCI, WADA and international press taking this as a confirmation that the RFEC is protecting its own doped athletes.
So sharing responsiblity for the final ruling is definitely the best the RFEC could come up with.

Lets just hope WADA doesn't bend over for whatever cycling-internal politics.

 

[TERMINATOR]

I don't know how it will turn out, but it looks like a genius idea to me, with Contador the only one with an option to take the decision to CAS.

WADA and the UCI can also appeal.

 

[Siriuscat]

WADA and the UCI can also appeal.

Point is that if WADA and the UCI are complicit in the RFEC judgement why would they appeal to CAS against themselves.....

 

[hfer07]

WADA and the UCI can also appeal.

Have you read the article at all?-most of all: did you understand it?

The reason why the RFEC is sharing all the documents & information on AC's case with UCI & WADA is precisely to "avoid" an appeal-and compromise them directly with the final ruling, in order to take away any biased decision--otherwise the appealing you're suggesting would look like an appeal on their own ruling...

 

[Berzin]

So we have the UCI, WADA, CAS and the RFEC all involved.

All need documents translated in whatever language they speak. All of them need clarification as to what should be done, and what would constitute a decision that would not be appealed by everyone and their mother.

All of them see this situation differently, depending not on what's right or wrong but on what agenda they're married to.

This is total and complete BS all the way around.

 

[lean mean &green]

So we have the UCI, WADA, CAS and the RFEC all involved.

All need documents translated in whatever language they speak. All of them need clarification as to what should be done, and what would constitute a decision that would not be appealed by everyone and their mother.

All of them see this situation differently, depending not on what's right or wrong but on what agenda they're married to.

This is total and complete BS all the way around.

correction, history clearly shows that WADA and CAS mostly act to protect clean and fair competition, or in your oversimplified everything is black-and-white view of the world, what is "right". UCI and RFEC acting on what is right? - not so much.

 

[thehog]

McQuaid is gong to wash his hands of this one....


“I've been in contact with our offices in Aigle but nothing has arrived over there. The system is that the Spanish federation must come to a solution. Some say the UCI should cover this instead of the national federations but who's going to pay for it? We already spend too much... or better, we spend a huge amount of money on the anti-doping department. Most national federations judge on these matters seriously and as a result the UCI doesn't have to appeal in many cases,” McQuaid said.

http://www.cyclingnews.com/news/mcq...ation-should-make-a-decision-on-contador-case

 

[mwbyrd]

correction, history clearly shows that WADA and CAS mostly act to protect clean and fair competition, or in your oversimplified everything is black-and-white view of the world, what is "right". UCI and RFEC acting on what is right? - not so much.

I applaud the RFEC. They are covering their bases very well. They know that no matter what they decide (unless it's a 2 year ban), UCI and WADA will appeal because they stated as much. So in other words, the UCI and WADA have already determined AC's guilt and said that they won't respect RFEC's decision if it's not 2 years. (which is really telling all the national federations their decisions regarding doping cases doesn't hold water unless they apply the maximum sentence)

Not only that, we know from earlier cases (Hamilton and Landis), that the CAS appeal takes up to a year and who knows how much $$. And the 'judges' usually vote 2 in favor of the the UCI/WADA; one against.

This also eliminates any determination of how long, more importantly, when AC's suspension should start. We've seen in the past how CAS can play with the official suspsension date and actually cause a rider to be suspended for more than 2 years.

And finally, by the RFEC having the UCI involved in the decision, it is forcing the UCI to explain why they took so long with the original decision regarding AC's positive test. Why was it 'kept secret' for so long? What research was the UCI doing before leaking the positive test?

Good on the RFEC for covering their bases!

 

[lean mean &green]

McQuaid is gong to wash his hands of this one....


“I've been in contact with our offices in Aigle but nothing has arrived over there. The system is that the Spanish federation must come to a solution. Some say the UCI should cover this instead of the national federations but who's going to pay for it? We already spend too much... or better, we spend a huge amount of money on the anti-doping department. Most national federations judge on these matters seriously and as a result the UCI doesn't have to appeal in many cases,” McQuaid said.

http://www.cyclingnews.com/news/mcq...ation-should-make-a-decision-on-contador-case

McQuaid's comments are very revealing. i think that in many instances there's no conspiratorial cover up at all, besides he's nowhere near smart enough to pull that off consistently and get away with it. he simply views drug testing and legal battles as expensive. he figures the less they spend on them the better and won't admit you can't eat your cake and have it too. i believe the UCI passes a lot of that cost onto the teams in the form of licensing fees so in a backhanded way he's saying the UCI is broke and that protour, or is it world tour?, teams should prepare for bigger fees next year. it's strange that he's now saying publicly what normally is only spoken about behind closed doors. an even scarier thought - this creates disincentive for teams to cheerlead for anti-doping as well. an awful arrangement all the way around.

 

[lean mean &green]

I applaud the RFEC. They are covering their bases very well. They know that no matter what they decide (unless it's a 2 year ban), UCI and WADA will appeal because they stated as much. So in other words, the UCI and WADA have already determined AC's guilt and said that they won't respect RFEC's decision if it's not 2 years. (which is really telling all the national federations their decisions regarding doping cases doesn't hold water unless they apply the maximum sentence)

Not only that, we know from earlier cases (Hamilton and Landis), that the CAS appeal takes up to a year and who knows how much $$. And the 'judges' usually vote 2 in favor of the the UCI/WADA; one against.

This also eliminates any determination of how long, more importantly, when AC's suspension should start. We've seen in the past how CAS can play with the official suspsension date and actually cause a rider to be suspended for more than 2 years.

And finally, by the RFEC having the UCI involved in the decision, it is forcing the UCI to explain why they took so long with the original decision regarding AC's positive test. Why was it 'kept secret' for so long? What research was the UCI doing before leaking the positive test?

Good on the RFEC for covering their bases!

the RFEC is only responding to pressure. they're trying to cooperate with other entities to save time and money by avoiding the appeal process and i find no harm in them trying. however, mcquaid has already mentioned he wants no part in it so i doubt it will make a difference. the RFEC is trying everything it can to show AC leniency and to do so cheaply. they're essentially saying let's make a deal. i'll hold my applause.

 

[Berzin]

the RFEC is only responding to pressure. they're trying to cooperate with other entities to save time and money by avoiding the appeal process and i find no harm in them trying.

Governing bodies should have complete autonomy in making their decisions. If they begin to seek consensus for purely economic reasons (in this case, the added costs of having to deal with an appeal) then the whole process becomes a clown show.

however, mcquaid has already mentioned he wants no part in it so i doubt it will make a difference. the RFEC is trying everything it can to show AC leniency and to do so cheaply. they're essentially saying let's make a deal.

As the RFEC should be doing. They should be looking after their own. It's not like the system is fair to begin with. The average rider without deep pockets is always at the mercy of a system they cannot defend themselves against, so I hope they are doing all they can for Contador.

 

[I Watch Cycling In July]

.......It's not like the system is fair to begin with. The average rider without deep pockets is always at the mercy of a system they cannot defend themselves against, so I hope they are doing all they can for Contador.

Cause Contador is an average rider without deep pockets?

 

[mwbyrd]

Cause Contador is an average rider without deep pockets?

I think Berzin is referring to the bigger picture - the peloton as a whole.

Funny that McQuaid says the doping cases are too expensive and then blatently states that if the RFEC doesn't find to the UCI's liking, it will appeal. Why doesn't the UCI respect the RFEC's decision? It seems like Indian giving to me -- here you take the case, but we'll decide when we want it back....

 

[ozerulz]

actually why does anyone listen to wada anyway? do they have anything to do with the NFL, NBA, MLB etc? who gives them the authority to do anything? everyone knows that all the pros no matter what the sport take "something" to do what they do. cycling should just forget about trying to clean up their sport because all they're doing is shooting themselves in the foot. this bs is going to happen every single year and it's just gotten old. let em dope and if they drop dead from taking to much then so be it. at least then you'll know that they really did dope and it wasn't just contaminated food.

 

[M Sport]

actually why does anyone listen to wada anyway? do they have anything to do with the NFL, NBA, MLB etc? who gives them the authority to do anything? everyone knows that all the pros no matter what the sport take "something" to do what they do. cycling should just forget about trying to clean up their sport because all they're doing is shooting themselves in the foot. this bs is going to happen every single year and it's just gotten old. let em dope and if they drop dead from taking to much then so be it. at least then you'll know that they really did dope and it wasn't just contaminated food.

No WADA no Olympics is the short answer.