Heras positive overturned

[Merckx index]

Just saw this on CN, didn't see it mentioned here. The story implies that the decision was overturned on a technicality:

Part of Heras' appeal was based on the contention that his samples had been incorrectly stored and that the samples had not been analysed anonymously.

At the time, the sample had to be re-assayed, because the gel pattern was blurred, and Heras objected, though a blurry gel does not mean the results are not valid, it just means it has to be redone so that the results are clearer. That was my take on it at the time, but of course there could have been more to it. The claim that the tester knew it was Roberto's sample is certainly intriguing. Of course, at the end of the day, he was almost certainly on EPO at the time. IIRC, he finished second by 1" in the final ITT, under the previous speed record for a GT TT. This from a guy who was known as a pure climber.

Even if there were real merit in this decision, I find it very strange, a decision reversed after all this time. Of course, can't give Roberto those years back.

 

[Nick777]

Spain's version of Don King is currently exclaiming 'Only in Spain!'

 

[Stingray34]

Anyone hear that? Sounded like Russian curse words.

 

[hrotha]

Even if there were real merit in this decision, I find it very strange, a decision reversed after all this time. Of course, can't give Roberto those years back.

It's because this is a regular justice court, not a sports court. It's not that the decision was re-evaluated now. It's been a long process, and they don't care about the normal pace of sports-related legal decisions.

Also, it's pretty ridiculous.

 

[Señor_Contador]

It's not ridiculous to a cyclist who wants to regain his honor and integrity.

One of the few positives I suspect was a set up was that of Heras'. It's just too perfect: Guy knew what he was doing (working with Fuentes). The Spanish authorities had an ongoing investigation but were getting nowhere because cyclists were simply not talking. Lo' and Behold Heras tests positive at the Vuelta and the world of silence comes crumbling down. Manolo is busted with a suitcase full of bloodbags, et cetera.

It all has a point of origin. And that point of reference is Heras' positive.

I really think the guy is telling the truth, that he did not test positive (not that he didn't dope, mind you).

 

[hrotha]

It's not ridiculous to a cyclist who wants to regain his honor or integrity.

Heras won't regain either of those. He doped. His sanction is overturned on a technicality. He's not innocent.

 

[benpounder]

This can not bode well for Alberto.

 

[Michielveedeebee]

this is a disgrace

 

[Señor_Contador]

Heras won't regain either of those. He doped. His sanction is overturned on a technicality. He's not innocent.

Oh, yes it will, in his head.

In your opinion we won't.

Two different things.

He doesn't ride for you, he rides for himself. Hence what you or I think of him is basically hogwash. Because it's only important to you and I.

Heras knows that doping is a necesary evil and that he did what he had to do. Bottom line.

 

[WildspokeJoe]

Finally justice is served!

I can't tell you how many sleepless nights I've had on this particular subject.

Now if we can only clear the besmirched name of Alejandro Valverde then all will be right and just in the world again.


The really sad thing is that I can remember actually screaming at my TV when Heras won the Vuelta in the last mountain time trial!

It was great sport too bad he's a cheat like the overwhelming majority of professional cyclists.

 

[LukeSchmid]

So there are two possibilites in this?

1) He doped like mad, everybody knew it, he tested positive and got suspended.
2) He doped like mad, everybody knew it, he was set up and got suspended.

In both cases he is as dirty as can be but because things were perhaps done a little unusaully he gets let off. Nothing to do with the fact he cheated.

 

[python]

i haven' seen anywhere the key question addressed - how a civilian court can have a precedent without the sporting body's agreement, which in this case is the uci ? shouldn't the uci agree for heras to get back his vuelta ?

i somehow doubt it.

 

[Timmy-loves-Rabo]

Heras won't regain either of those. He doped. His sanction is overturned on a technicality. He's not innocent.

this.
lol @ Señor_Contador
what a joke this is.

 

[Dr. Maserati]

It's not ridiculous to a cyclist who wants to regain his honor and integrity.

One of the few positives I suspect was a set up was that of Heras'. It's just too perfect: Guy knew what he was doing (working with Fuentes). The Spanish authorities had an ongoing investigation but were getting nowhere because cyclists were simply not talking. Lo' and Behold Heras tests positive at the Vuelta and the world of silence comes crumbling down. Manolo is busted with a suitcase full of bloodbags, et cetera.

It all has a point of origin. And that point of reference is Heras' positive.

I really think the guy is telling the truth, that he did not test positive (not that he didn't dope, mind you).

The 'point of origin' was Manzano, not Heras.
Heras was thrown under the bus - everyone kept quiet, except Manzano.

I also doubt this is the end of the matter regarding Heras. It is a civilian court ruling that means little to the sport or results.

 

[Señor_Contador]

Look, to all those who talk, or think that you talk, from a moral superiority pedestal: Your opinion, apart from certain forumers in Cyclingnews.com, does not matter.

We're all imperfect in an imperfect world. What makes you think cyclists ought to be (what you're not)?

 

[spalco]

What the **** does that mean? Breaking the rules has to be punished. Don't do the crime if you can't do the time.

 

[Señor_Contador]

The 'point of origin' was Manzano, not Heras.
Heras was thrown under the bus - everyone kept quiet, except Manzano.

I also doubt this is the end of the matter regarding Heras. It is a civilian court ruling that means little to the sport or results.

Manzano????? Hahahahahahahahahaha!!!

You get funnier by the post gumbah.

 

[Willy_Voet]

i haven' seen anywhere the key question addressed - how a civilian court can have a precedent without the sporting body's agreement, which in this case is the uci ? shouldn't the uci agree for heras to get back his vuelta ?

i somehow doubt it.

I was wondering the same thing. Since when can a civilian court overturn a positive test on technical grounds, specifically what was mentioned in the article (test not anonymous). When conducting DNA tests on a criminal suspect in Spain (linking blood or hair to a crime), are they required to randomly test 10 others so that the criminal is "anonymous"?

 

[Willy_Voet]

Look, to all those who talk, or think that you talk, from a moral superiority pedestal: Your opinion, apart from certain forumers in Cyclingnews.com, does not matter.

We're all imperfect in an imperfect world. What makes you think cyclists ought to be (what you're not)?

Someone seems a little sensitive about this. I suppose you have the same passion for all "former" dopers, no?

 

[icefire]

i haven' seen anywhere the key question addressed - how a civilian court can have a precedent without the sporting body's agreement, which in this case is the uci ? shouldn't the uci agree for heras to get back his vuelta ?

i somehow doubt it.

There's a full press release with more details here (in Spanish)
http://www.elmundo.es/elmundodeporte/2011/06/24/ciclismo/1308912735.html

It's clear that the positive is overturned on a technicality, but the sport governing bodies all around the world should pay attention to the following paragraph:

En este sentido, advierte de que en los casos como en el examinado, en que se ejerce la potestad disciplinaria en relación con un corredor que participa en una competición oficial internacional celebrada en España y, por tanto, bajo la tutela del Consejo Superior de Deportes, la RFEC está ejerciendo una función pública por delegación como agente colaborador de la administración pública, "por lo que debió entrar a examinar la conformidad o no a Derecho de dicha resolución con arreglo al ordenamiento jurídico español".

RFEC ruling an international competition held in Spain, and therefore under supervision of the High Council for Sports, is running a public service per delegation as a partner agent of the public administration. So RFEC had to analyse the conformity of its resolution to Spanish Law.

The article then goes on to list the irregularities of the process focusing on the delivery of the test samples to the lab and the analytical methods not following the certified procedures.

 

[Señor_Contador]

Someone seems a little sensitive about this. I suppose you have the same passion for all "former" dopers, no?

Absolutely.

If Lance, Miguel, Lars, Eddie, et cetera, decided to take PEDs to do the TdF and make it more interesting... all the while making the month of July the most entertaining month of the year... I could care less.

They're all heroes in my book.

 

[TERMINATOR]

i haven' seen anywhere the key question addressed - how a civilian court can have a precedent without the sporting body's agreement, which in this case is the uci ? shouldn't the uci agree for heras to get back his vuelta ?

i somehow doubt it.

The Spanish court has no jurisdiction over UCI events and the UCI will not honor this. If Spain continues to overrule WADA system (i.e. CAS), they risk being kicked out of the Olympics and world championships.

The UCI will not honor this decision, nor should they.

 

[hfer07]

for the sake of argument- lets say he was innocent & justice has been finally brought to his case--isn't too late for that? after all - his career was obstructed & finished when the positive issue came out- so what "honor" can he regain from this overturn? a mere apology & a correction on the cycling books won't take away the years that he could have kept riding and perhaps winning more races... so i'd say is bvllsh!t

 

[hrotha]

for the sake of argument- lets say he was innocent & justice has been finally brought to his case--isn't too late for that? after all - his career was obstructed & finished when the positive issue came out- so what "honor" can he regained from this overturn? a mere apology & a correction on the cycling books won't take away the years that he could have kept riding and perhaps winning more races... so i'd say is bvllsh!t

I imagine he could sue the RFEC for a monetary compensation.

 

[python]

There's a full press release with more details here (in Spanish)
http://www.elmundo.es/elmundodeporte/2011/06/24/ciclismo/1308912735.html

It's clear that the positive is overturned on a technicality, but the sport governing bodies all around the world should pay attention to the following paragraph:



RFEC ruling an international competition held in Spain, and therefore under supervision of the High Council for Sports, is running a public service per delegation as a partner agent of the public administration. So RFEC had to analyse the conformity of its resolution to Spanish Law.

The article then goes on to list the irregularities of the process focusing on the delivery of the test samples to the lab and the analytical methods not following the certified procedures.

thanks for the primary source (i will take a look later)...still, i can't see how the word 'overturned' can be applied here.

if i recall things correctly, the 2005 vuelta was NOT like one of the tours (2008 ?) when anti-doping testing was conducted under the national federation rules. in fact, the 2005 vuelta was the uci calendar event.

therefore, only uci rules apply though granted, since the doping case went to rfec spains laws may have some role.

but heras signed a license which said black on white - only cas has the ultimate power to overturne any doping suspension.

thus, heras may take some satisfaction from this civil court but i doubt he'll have his vuelta back without cas and the uci agreeing.