Patrik Sinkewitz

Meh, not that great a field, no different to when he came back with ISD. Doping? Maybe. Wouldn't exactly be surprising. But a bit like when Stefan Schumacher started winning the ITT in the Vuelta a Asturias and people brought up the performing on his old level (as if beating an aging Gutiérrez and Sergey Shilov by a handful of seconds matched up to squashing Cancellara at the Tour), winning against this type of field isn't really clear as to what it means for doping since the only big names in the field have also been banned (eg Pellizotti).
 
Mar 13, 2009
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Dazed and Confused said:
Sound like he should call CIRC. Otherwise the waiter job at Ricco's cafe might be available.
if Ricco really has a cafe, i might just go to Italy. I luv the cobra
 
Dazed and Confused said:
Sound like he should call CIRC. Otherwise the waiter job at Ricco's cafe might be available.
they are thinking about handing in an appeal at the Federal Supreme Court of Switzerland

I doubt Sinkewitz still has the money to do so though. NADA already tried to make him capitulate by entering their appeal at the CAS in english (Sinkewitz had to pay for all documents officially being translated himself while the costs for the NADA were covert by german tax payers - although it had been possible to hold the lawsuit in german), he had to pay additional 80000 swiss francs for court fees in advance, now all the money for his own lawyers + a 35000 EUR penalty. And apparently he is riding for free since 2011.

Not that I think he is innocent, but it doesn't really sound like it was fair play
 
search said:
they are thinking about handing in an appeal at the Federal Supreme Court of Switzerland

I doubt Sinkewitz still has the money to do so though. NADA already tried to make him capitulate by entering their appeal at the CAS in english (Sinkewitz had to pay for all documents officially being translated himself while the costs for the NADA were covert by german tax payers - although it had been possible to hold the lawsuit in german), he had to pay additional 80000 swiss francs for court fees in advance, now all the money for his own lawyers + a 35000 EUR penalty. And apparently he is riding for free since 2011.

Not that I think he is innocent, but it doesn't really sound like it was fair play
Well, he managed to appeal and lost. Its an important decision (for him) to fight on. I see no problem here.

Now there is a vehicle to get a reduced ban: Call CIRC.

I would use the new opportunity.
 
Dazed and Confused said:
Well, he managed to appeal and lost. Its an important decision (for him) to fight on. I see no problem here.
you know it was the other way around, don't you?

Sinkewitz won, NADA appealed. So Sinkewitz, legally innocent, had to raise an enormous amount of money for even being able to prove his innocence again. That's just not the way it's supposed to be
 

Dr. Maserati

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Jun 19, 2009
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search said:
they are thinking about handing in an appeal at the Federal Supreme Court of Switzerland

I doubt Sinkewitz still has the money to do so though. NADA already tried to make him capitulate by entering their appeal at the CAS in english (Sinkewitz had to pay for all documents officially being translated himself while the costs for the NADA were covert by german tax payers - although it had been possible to hold the lawsuit in german), he had to pay additional 80000 swiss francs for court fees in advance, now all the money for his own lawyers + a 35000 EUR penalty. And apparently he is riding for free since 2011.

Not that I think he is innocent, but it doesn't really sound like it was fair play
If they do, on what grounds will they be appealing?

From the CAS website:
The procedures are conducted in French or English. Under certain conditions, another language may be used.
Which would seem appropriate as CAS has a limited number of Arbitrators.
 
search said:
you know it was the other way around, don't you?

Sinkewitz won, NADA appealed. So Sinkewitz, legally innocent, had to raise an enormous amount of money for even being able to prove his innocence again. That's just not the way it's supposed to be
Sorry, missed that element.

But is this any different to other "legal" situations?
 
roundabout said:
I doubt that one can ride for free legally... Even for a crappy conti team
no, the joint agreement only counts for pro teams and pro continental teams

http://www.uci.ch/Modules/BUILTIN/getObject.asp?MenuId=&ObjTypeCode=FILE&type=FILE&id=ODEzNzM&LangId=1

he won't have ridden liturally for "free", minumum wage in Croatia is ~390 Euro a month, and continental teams propably still have to pay for insurances and stuff, but as far as I know there is no minimum wage set by the UCI
 
Aug 13, 2009
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search said:
I don't know exactly, they haven't said anything about that so far

not because of the case being held in eglish of course, that was just a side note
I really doubt they will appeal to the Swiss courts, unless they want to lose more money.

I am still missing the "Fair Play" issue. It is clear having the proceeding in English was correct and having to pay court costs if you lose is a common part of any arbitration. How is he not being treated fairly?
 
Race Radio said:
I am still missing the "Fair Play" issue. It is clear having the proceeding in English was correct
all records were in german anyway, and it was possible to continue to do it in german at the CAS - but NADA insisted on it to be held in english. Why do you do something like that? Only to financially weaken your opponent
 
Aug 13, 2009
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search said:
all records were in german anyway, and it was possible to continue to do it in german at the CAS - but NADA insisted on it to be held in english. Why do you do something like that? Only to financially weaken your opponent
No, as has been pointed out CAS' languages are English and French. Patrick knew this but felt he should get special treatment. There is nothing so significantly special about the case that they would have had to made an exception and do it in German, if there was CAS would have agreed to proceed in German. Patrick was unable to show anything special that would allow him to get special treatment. It would also shrink the pool of arbitrators. NADA did not do anything special, they followed the rules that are clearly spelled out.
 
Aug 13, 2009
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search said:
source please

according to Sinkewitz' lawyer an exception would have been possible but NADA (not CAS!) insisted to do it in english

http://www.deutschlandfunk.de/zu-einer-effektiven-dopingbekaempfung-gehoert-transparenz.1346.de.html?dram:article_id=228794

It is not a unilateral decision. If Patrick was able to present a good argument to CAS that the proceedings should have been done in German, and CAS agreed, then it could have been done in German. Did Patrick even attempt to have it done in German? Did he even present a case for special conditions? If he did not then he should not complain about NADA and CAS following the rules.
 

Dr. Maserati

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search said:
source please

according to Sinkewitz' lawyer an exception would have been possible but NADA (not CAS!) insisted to do it in english

http://www.deutschlandfunk.de/zu-einer-effektiven-dopingbekaempfung-gehoert-transparenz.1346.de.html?dram:article_id=228794
I am sure an exception could have been made, if all sides agree.
The NADA didn't for whatever reason - and while doing so was an additional cost to Sinkewitz it had nothing to do with the fairness of the process, or ultimately the verdict.

For me, the verdict is the important part - as it ratifies the HGH test.
 
Dr. Maserati said:
and while doing so was an additional cost to Sinkewitz it had nothing to do with the fairness of the process, or ultimately the verdict.

For me, the verdict is the important part - as it ratifies the HGH test.
that's true, yes, it propably had no influence on the verdict itself

although from my point of view it's still quite a strange case, also because NADA insisted on the validity of this old, outdated test and refused to re-test the samples with the new one - although Sinkewitz asked them to do so to verify their results
 

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