Rider XZTT back in the news

[M Sport]

http://www.theage.com.au/victoria/asada-appeals-ruling-over-suspect-cyclist-20130501-2isl9.html

Australian anti-doping authorities have begun an appeal in the Federal Court against tribunal rulings made against them in the case of a professional cyclist who tested positive to cocaine.

The Anti-Doping Rule Violation Panel, which acts under the jurisdiction of the Australian Sports Anti-Doping Authority, appealed against the findings made by an appeals board last year which raised concerns over its legal obligations in the case of a cyclist who tested positive to a banned substance in October 2010.

The rider, an elite cyclist under Cycling Australia's program who can only be referred to as XZTT, was competing in China when he tested positive to benzoylecgonine, the principal metabolite of cocaine.

Read more: http://www.theage.com.au/victoria/a...ect-cyclist-20130501-2isl9.html#ixzz2S29DauDV

ps don't name or hint at the name of the rider or Martin Hardie will get the topic deleted.

 

[Tinman]

The real issue here is the complete incompetence (or recalcitrance?) at UCI on how they death with this. Another nail in Pat's coffin. Sadly par for the course. Just hope Cycling Ireland will do the right thing next month. Meanwhile, time to pour it on. Pat Must Go. And Hein with him.

 

[BroDeal]

ps don't name or hint at the name of the rider or Martin Hardie will get the topic deleted.

That clown will also send you PMs.

I have not kemped up with this much, but my favorite excuse in this charade was Hardie trying to blame the positive on a drink from an unknown Chinese man. Just like Samual Adams, the race card, always a good choice.

 

[42x16ss]

I'm loving how a small time rider (at the time) getting popped for cocaine needs to be hunted down at all costs yet Neil Stephens still remains untouched

 

[northstar]

This case has dragged on forever. With all the screw-ups UCI and ASADA/ADRVP made you would think the doping charge might have been dropped because of lack of proper due process. Now ASADA is appealing the Tribunal’s decision to the Federal Court. Can the rider appeal the Federal Court decision if he doesn’t like the outcome? Crazy stuff. The final decision might be made by year 2015 at this rate.
.

 

[Freddythefrog]

I'm loving how a small time rider (at the time) getting popped for cocaine needs to be hunted down at all costs yet Neil Stephens still remains untouched

Correct. It just beggars belief.

 

[northstar]

Latest news: http://au.news.yahoo.com/latest/a/-/latest/18563998/lawyer-says-cyclists-case-has-significance-for-afl-nrl-doping-investigations/?cmp=twitter

It appears the Federal Court has ruled in favor of ASADA today. According to the rider’s lawyer, the rider will now be appealing to CAS.

A timeline of events:
10-23-2010 - rider provides IC sample
10-27-2010 - rider tests positive for very small amount of cocaine
11-04-2010 - UCI formally notified by lab of positive
03-25-2011 - rider notified and suspended by UCI/ASADA
09-14-2011 - after hearing, ADRVP finds rider violated anti-doping rules
09-30-2011 - rider appeals to Tribunal
10-23-2012 - Tribunal decision critical of the way UCI/ASADA/ ADRVP handled the case and revises findings of disciplinary hearing (although adverse finding upheld)
05-01-2013 - ASADA appeals to Federal Court
08-19-2013 - Federal Court critical of UCI but finds in favor of ASADA
Rider to now take case to CAS

Almost 3 years later, no final determination on the doping charge yet and the rider is still banned.
.

 

[sugarman]

Almost 3 years later, no final determination on the doping charge yet and the rider is still banned.
.

Really?
So, effectively at least, they've copped a 3 year 'ban' for cocaine...?
Seems like sound legal advice.

 

[northstar]

The lawyers are the winners in this battle.

As far as returning as a pro his lawyer says, “the international cycling authority should wear the blame for the cyclist's failed career.” Ouch.

It seems like the rider is in the cross-fire of a legal fight between his lawyer who is out to prove the anti-doping authorities screwed up (which they did) and the UCI and ASADA who do not want to lose any legal ground on their anti-doping rules.

Maybe his case will result in changes to anti-doping rules that will streamline the violations process in the future. That’s the only positive I can see from this whole mess.

 

[BroDeal]

Really?
So, effectively at least, they've copped a 3 year 'ban' for cocaine...?
Seems like sound legal advice.

It looks like Kemp got the Martin Hardie special. It's like going into surgery on a finger and waking up missing an arm. He will end up nailing boards together with Trent Lowe, another of Hardie's victims.

 

[Archibald]

It seems like the rider is in the cross-fire of a legal fight between his lawyer who is out to prove the anti-doping authorities screwed up (which they did) and the UCI and ASADA who do not want to lose any legal ground on their anti-doping rules.

having read the Reasons For Judgement from the appeal decision itself, I'm not sure you're entirely correct here.

 

[northstar]

having read the Reasons For Judgement from the appeal decision itself, I'm not sure you're entirely correct here.

Maybe. It’s just an opinion. The anti-doping authorities handled the case badly from the start and did not follow their own procedures and rules IMO. I wouldn't be surprised if the rider turns around and sues the UCI for the mishandling of his case. But there's probably a UCI rule against that....

I should mention the rider denies taking the cocaine and believes he was contaminated by a drink bought for him by an unknown Chinese man in a bar or by medical attention following a fall in a previous race (lol...doper's excuse?). The amount of metabolite detected was miniscule and the Tribunal ruled it would not have affected his performance. Also the rider is not banned but suspended at this point.

Link to Tribunal Decision (warning: it's complicated and lengthy): XZTT Decision
.

 

[Archibald]

that's the one I read - just in a slightly different format (font, etc...)
but agree with that last summation of yours

 

[BroDeal]

I should mention the rider denies taking the cocaine and believes he was contaminated by a drink bought for him by an unknown Chinese man in a bar

Done in by the Yellow Peril. Oh, noes.

Normally I would write this off as the ridiculous excuse of someone in the grips of Peruvian marching powder, but recent news might back Kemp's story. It is all over the major media outlets. There are shadowy Chinese men giving out free cocaine to unsuspecting Australians. It has become such a problem that drug addicts of other nationalities are wandering into bars, ordering a Foster's, and then randomly exclaiming to anyone who comes within earshot, "Crikey!" or "Good day, mate." No statistics are available for the amount of free nose candy being given to these faux Crocodile Dundees, but the phenomena has become a worldwide scourge, if only for the growth in Outback Steakhouses.

 

[Boeing]

Done in by the Yellow Peril. Oh, noes.

Normally I would write this off as the ridiculous excuse of someone in the grips of Peruvian marching powder, but recent news might back Kemp's story. It is all over the major media outlets. There are shadowy Chinese men giving out free cocaine to unsuspecting Australians. It has become such a problem that drug addicts of other nationalities are wandering into bars, ordering a Foster's, and then randomly exclaiming to anyone who comes within earshot, "Crikey!" or "Good day, mate." No statistics are available for the amount of free nose candy being given to these faux Crocodile Dundees, but the phenomena has become a worldwide scourge, if only the growth in Outback Steakhouses.

I think its a conspiracy that goes deep and many suspect an extremest Kiwi group is involved as well. right?

 

[M Sport]

Is this the first official release of Kemp's name? I hadn't seen it published officially anywhere until now.

http://www.uci.ch/Modules/BUILTIN/g...bjTypeCode=FILE&type=FILE&id=Nzk5OTY&LangId=1

 

[Dear Wiggo]

Is this the first official release of Kemp's name? I hadn't seen it published officially anywhere until now.

http://www.uci.ch/Modules/BUILTIN/g...bjTypeCode=FILE&type=FILE&id=Nzk5OTY&LangId=1

It's my understanding it is, yes. With just enough details to confirm the original back story.

 

[Granville57]

Is this the first official release of Kemp's name? I hadn't seen it published officially anywhere until now.

What, The Clinic isn't "official"enough?

http://forum.cyclingnews.com/showpost.php?p=1129996&postcount=205




Good point though.

 

[42x16ss]

What's the point? I know the rider in question personally and can say with confidence that he won't be making a comeback. His bike is lucky to get ridden twice a week and his personal life couldn't be further from what it was back then

 

[Granville57]

What's the point?

The point is about the process, not about Kemp.

It could be any rider, with any name, but the way in which the "official" version of results has come to light is discouraging.

Just imagine if the UCI did the same with a previous Grand Tour winner.

 

[krebs303]

 

[42x16ss]

The point is about the process, not about Kemp.

It could be any rider, with any name, but the way in which the "official" version of results has come to light is discouraging.

Just imagine if the UCI did the same with a previous Grand Tour winner.

True, the entire process was out of order. Especially when you look at how Boonen's coke positives were handled in comparison.

 

[yaco]

Re:

Latest news: http://au.news.yahoo.com/latest/a/-/latest/18563998/lawyer-says-cyclists-case-has-significance-for-afl-nrl-doping-investigations/?cmp=twitter

It appears the Federal Court has ruled in favor of ASADA today. According to the rider’s lawyer, the rider will now be appealing to CAS.

A timeline of events:
10-23-2010 - rider provides IC sample
10-27-2010 - rider tests positive for very small amount of cocaine
11-04-2010 - UCI formally notified by lab of positive
03-25-2011 - rider notified and suspended by UCI/ASADA
09-14-2011 - after hearing, ADRVP finds rider violated anti-doping rules
09-30-2011 - rider appeals to Tribunal
10-23-2012 - Tribunal decision critical of the way UCI/ASADA/ ADRVP handled the case and revises findings of disciplinary hearing (although adverse finding upheld)
05-01-2013 - ASADA appeals to Federal Court
08-19-2013 - Federal Court critical of UCI but finds in favor of ASADA
Rider to now take case to CAS

Almost 3 years later, no final determination on the doping charge yet and the rider is still banned.
.

There is a saying that history reports - The EFC 34 decision dragged on for nearly three years again with the involvement of ASADA - The only saving grace was the EFC 34 could continue playing onto a resolution - Martin Hardie is criticised in this forum but he does understand the importance of NADO's ensuring confidentiality is respected, something that was neglected in the EFC 34 case.