ContadorÂ’s legal team hit back at WADA report

[sniper]

But did they? No - if you believe Contador’s legal team:

http://www.cyclingnews.com/news/contadors-legal-team-hit-back-at-wada-report

"In the documentation sent there is not evidence that WADA has made any kind of analysis at the butcher in question, much less at the slaughterhouses which are mentioned."

The funny thing is: Although AC's team evidently tried to place the burden of the proof on WADA, the burden is now on AC, thanks to the Spanish beef-industry, who don't buy AC's story and demand he rectify his statements regarding contaminated Spanish steaks.

 

[bike_framed]

If, as expected, the Spanish cycling federation gives him a lighter sentence and then the UCI or WADA appeals it to the CAS, is that the end of it or can AC then take it into the Spanish or Swiss legal system?

 

[Dr. Maserati]

If, as expected, the Spanish cycling federation gives him a lighter sentence and then the UCI or WADA appeals it to the CAS, is that the end of it or can AC then take it into the Spanish or Swiss legal system?

Good question.

This goes back to some of the legal questions earlier - while the hearing that Contador will have is not done by a Court it is subject to an appeal (firstly to CAS) so the RFEC has to adhere to a legal standard.

As I said earlier - as Contador is a UCI licence holder any appeal first has to be brought through the Court of Arbitration of Sport.
If Contador is unhappy with their decision he can appeal through either the Swiss Courts or the the European Court.

 

[biopass]

Imagine if they did have to do that, though. We're all basically very trusting about our food, aren't we?

I was surprised WADA went and did a bit of meat testing. I just thought it was silly, beneath them and obviously proved nada.

I think we all need to move on to the space where there is still some room for bargaining - how long the ban and how big the fine.

Of course we trust the food we buy, were ever it may come from. But again, what I trust doesnt matter in this case. Its the facts and Contadors story that matters. And if Contador really gonna blame the butcher and the farmers who supply the butcher, he eventually has to make the point that we cant trust the food we buy to be clean or "not-contaminated" as the EU regulations claim.

 

[bike_framed]

If Contador is unhappy with their decision he can appeal through either the Swiss Courts or the the European Court.

What if the UCI/WADA are unhappy with the decision? Can they bring it into the legal system?

Also, can anyone comment on whether those courts are likely to look at the case as a question of strict liability or does it then become culpability based?

 

[L'arriviste]

What if the UCI/WADA are unhappy with the decision? Can they bring it into the legal system?

Also, can anyone comment on whether those courts are likely to look at the case as a question of strict liability or does it then become culpability based?

The Court for Arbitration in Sport (CAS) I believe works on whether the sport's rules were applied properly rather than whether or not they are 'fair' (statutes). The judgments published by CAS often make for interesting reading.

An example of when CAS doesn't satisfy is with Valverde, I seem to recall, when things didn't quite work out between the parties.

 

[Dr. Maserati]

What if the UCI/WADA are unhappy with the decision? Can they bring it into the legal system?

Also, can anyone comment on whether those courts are likely to look at the case as a question of strict liability or does it then become culpability based?

In a word, yes - but again as per the WADA code any appeal to an International Federation (IF) (eg UCI, FINA, FIFA) first goes to CAS.
I cannot recall a case where WADA or an IF took a case beyond CAS - but others here (Python is well read on the workings of CAS) could confirm or dismiss that.
So - in short, either side of a dispute (athlete/team, IF or WADA) can appeal a decison.

CAS apply the rules of the sport - which are by in large laid out by WADA, with some adjustments to each different sport. It should also be noted that CAS adjudicates all sporting appeals, so it is not limited to just doping cases.

When CAS was first started it lost a few cases that were appealed to higher courts so it had to tighten its legal standards including being independent of the IOC & WADA.
They now have a very good record as the recent appeals to higher Courts by Valverde - which were all dismissed - show.

 

[Señor_Contador]

Yes, I said I had "heard" of 'character assassination' - that does not mean I agree that what is happening with Contador is in any way 'character assassination'

Whether you agree or not is entirely different story. In fact, i'm not asking you whether you agree or not, I am informing you that Alberto Contador is the victim of a character assassination campaign on the part of WADA and many other people who get paid "by the positive". I'm not argueing with you on this. And this hasn't happened only to Alberto, it has happened to many, many cyclists. And this has to stop. Like NOW!

I did not object to Fuyu Li's sanction, so unlike you I am consistent.

See, now you're lying. Outright lying. I never objected to anything Mr. Li did or did not do. To be honest, I didn't even know Fuyu Li's case until a couple of weeks ago. So it's not a question of consistency...

So - you are claiming to join the dots for me (us) and yet you cannot say who released information on Contador, or establish a link between them?

*** edited by mod *** You very well know that news of the positive were leaked to the German media and they were about to make it public before Contador beat them to the punch.

 

[Dr. Maserati]

Whether you agree or not is entirely different story. In fact, i'm not asking you whether you agree or not, I am informing you that Alberto Contador is the victim of a character assassination campaign on the part of WADA and many other people who get paid "by the positive". I'm not argueing with you on this. And this hasn't happened only to Alberto, it has happened to many, many cyclists. And this has to stop. Like NOW!



See, now you're lying. Outright lying. I never objected to anything Mr. Li did or did not do. To be honest, I didn't even know Fuyu Li's case until a couple of weeks ago. So it's not a question of consistency...


*** edited by mod *** You very well know that news of the positive were leaked to the German media and they were about to make it public before Contador beat them to the punch.

If you were "informing me" then you would offer information - I have asked you to say who is assasinating Contador, again you cannot say who.

Now you can add to the above exactly how much WADA (who have nothing to do with sanctions) get paid per positive?

Where have I lied?

So the UCI were just about to make public Contadors poitive - even though McQuaid said that very week that Contador was not subject to an investigation?

 

[JMBeaushrimp]

Whether you agree or not is entirely different story. In fact, i'm not asking you whether you agree or not, I am informing you that Alberto Contador is the victim of a character assassination campaign on the part of WADA and many other people who get paid "by the positive". I'm not argueing with you on this. And this hasn't happened only to Alberto, it has happened to many, many cyclists. And this has to stop. Like NOW!

Sure, that's why there are so many positives. That was sarcasm by the way, thought I'd better clarify since you seem to have a loose grip on reality.

 

[Oldman]

Sure, that's why there are so many positives. That was sarcasm by the way, thought I'd better clarify since you seem to have a loose grip on reality.

When did he get a grip? Most of the arguments are about inconsequential semantics until he accuses the Doc of lying. He's burned up alot of digital space.

 

[Benotti69]

When did he get a grip? Most of the arguments are about inconsequential semantics until he accuses the Doc of lying. He's burned up alot of digital space.

i think he gets a grip with some Contador mags

 

[bike_framed]

i think he gets a grip with some Contador mags

Now that's hitting below the belt.

 

[BroDeal]

Whether you agree or not is entirely different story. In fact, i'm not asking you whether you agree or not, I am informing you that Alberto Contador is the victim of a character assassination campaign on the part of WADA and many other people who get paid "by the positive". I'm not argueing with you on this. And this hasn't happened only to Alberto, it has happened to many, many cyclists. And this has to stop. Like NOW!

LOL! Nazi frogmen strike again. Amazing how they only strike those using dope.

 

[Hugh Januss]

Whether you agree or not is entirely different story. In fact, i'm not asking you whether you agree or not, I am informing you that Alberto Contador is the victim of a character assassination campaign on the part of WADA and many other people who get paid "by the positive". I'm not argueing with you on this. And this hasn't happened only to Alberto, it has happened to many, many cyclists. And this has to stop. Like NOW!



See, now you're lying. Outright lying. I never objected to anything Mr. Li did or did not do. To be honest, I didn't even know Fuyu Li's case until a couple of weeks ago. So it's not a question of consistency...



*** edited by mod *** You very well know that news of the positive were leaked to the German media and they were about to make it public before Contador beat them to the punch.

These quotes illustrate the danger involved whenever you go

 

[Barrus]

Might I ask, since when do anti-doping authorities get paid by the positive. To be quite honest, that would be a fantastic find and would perhaps increase the amount of dopers getting caught

 

[Bag_O_Wallet]

LOL! Nazi frogmen strike again. Amazing how they only strike those using dope.

As unholy avengers, they'd have no choice but to wrong the right - it's their mandate. While their work has historically centered around turning positive to negative, there are key moments in time that require negative to turn to positive.

It's riskier work, but it keeps them in our imagination - and therefore afraid.

 

[Dallas_]

Whether you agree or not is entirely different story. In fact, i'm not asking you whether you agree or not, I am informing you that Alberto Contador is the victim of a character assassination campaign on the part of WADA and many other people who get paid "by the positive". I'm not argueing with you on this. And this hasn't happened only to Alberto, it has happened to many, many cyclists. And this has to stop. Like NOW!



See, now you're lying. Outright lying. I never objected to anything Mr. Li did or did not do. To be honest, I didn't even know Fuyu Li's case until a couple of weeks ago. So it's not a question of consistency...



*** edited by mod *** You very well know that news of the positive were leaked to the German media and they were about to make it public before Contador beat them to the punch.

AC is NOT the victim of a character assassination campaign on the part of WADA

There is an easy way for any athlete to avoid your "character assassination" easy as A B C - "Do not use PEDS"

Many years ago, a former neighbour threatened a witness testifying against him. He spent 6 months in jail. He never complained about the jail time and you know why! His moto was:
If you are not prepared to do the time - dont do the crime

Anyway back on topic. ac's legal team attacking the WADA report is just playing the game - using the media to soften the RFEC.

You will be happy short term as RFEC will give him 6 months or declare him innocent. Long term you will not be smiling. The UCI and/or WADA will appeal to CAS. Result 2 years and wiped of TDF title

cheers dallas

 

[GJB123]

Was the meat in Pau contaminated? How many teams in the history of overnights in Pau sourced their meat from such a distance? I think it's a valid point, how many teams besides Astana would this actually happen to.

Try and see the problem without thinking about Contador and his story. I know it's difficult, but had their own cook bought the meat in France it could still have been contaminated meat. It is just something the team or the rider cannot prevent. In other words, no, I don not trust European meat to be clean anymore than I trust an average GC-contender to be clean.

So just that all the people foaming at the mouth for perceived " fanboiism" on my part understand, I am not saying I believe the particular story of Contador. All I am saying that sportsmen cannot be held liable for the possibility of ingesting contaminated food, because whether or not food is indeed contaminated is beyond their control. I refer also to the German ponger that was caught.

Regards
GJ

 

[Derukeman]

Contador and his legal team are about to make a mockery of the legal system, and cycling is about to be raked over the coals again. If they let Contador off with this lame excuse it will be the beginning of the end of cycling as we know it. No sponsor in their right mind would sink dollars into such as tainted sport. Also cycling needs to take a look at the Spanish Federation because they're the dirtiest players in the game, and their turning a blind eye needs to be dealt with.

Also anyone who puts any belief in Bjarne Riis is fooling themselves as he's no better

 

[D-Queued]

Aldirto latest... threatens to quit you first.

Contador reiterates threat to quit if punished in clenbuterol case

He has my vote.

All dopers should voluntarily retire.

Dave.

 

[jimmypop]

Dave, here's a valid reason why Contador threatens to quit: Because he knows that the jig is up. Doping is harder now, and if they're going to pick you up for trace amounts in the contemporary testing era and it's not possible to sweep it under the rug, then he's done for.

A message to all dopers: Just leave. The sooner the better.

 

[Ferminal]

Dave, here's a valid reason why Contador threatens to quit: Because he knows that the jig is up. Doping is harder now, and if they're going to pick you up for trace amounts in the contemporary testing era and it's not possible to sweep it under the rug, then he's done for.

A message to all dopers: Just leave. The sooner the better.

If the plasticizers test actually makes it then there could be some nervous times for some.

However, they've flagged that they are working on a test, so now people will be using different storage methods before the test is even official.

 

[Ripper]

Might I ask, since when do anti-doping authorities get paid by the positive. To be quite honest, that would be a fantastic find and would perhaps increase the amount of dopers getting caught

Well, in fairness, it would not be a great metric, given it would be so open to abuse However, # of tests completed as per required protocol would be a good one (so long as the protocols were well written).

 

[Ripper]

OK, so if he can prove through scatalogical examination that the meat he ate had C, then he might get less than a year. Otherwise, it's two years.

And I see he has re-iterated he will quit if punished - BFD. Seriously, this should not even register with the authorities.