RownhamHill said:
H'mm. From the answer given it did sound to me as if that would be the case. And as it happened after I posted that response I went to read the book review (which I think, it turns out, I'd also read a couple of months ago, and had informed my vague recollections. . .) (Oh, and thanks for flagging it up fmk_rol, appreciate the review, very nicely put together).
Anyway the salient part about what would have been a just outcome - from the review:
So. Yeah. It does sound to me, that after Rasmussen claimed to be in Mexico in that part of June (incidentally to answer your earlier rhetorical question, I guess this shows it wasn't 'magic how it 'emerged' after all), and after someone contradicted that publicly, then for justice to be served he should have remained in the race pending and investigation, and then been banned and stripped of this title after the investigation found him guilty of a third whereabouts violation. (And yes, we know the subsequent investigation would have found him guilty and banned him because, ermm, it happened and it did.)
I'm really struggling here. What is exactly controversial about the facts of what happened? The guy was playing games with his whereabouts (aka cheating). The guy was stitched up a bit by the authorities. The guy got caught lying in a press conference (a press conference FFS!). The guy got stitched up a lot by his team. The guy finally got banned. That is my understanding - an understanding that has been clarified through posts here this morning (thanks to other posters, who actually seem to be able to have a conversation) but not changed in terms of the broad narrative of it. Is your understanding different? Do you think he wouldn't have subsequently been banned had he not been withdrawn from the race? And if so, why? (Again, these are real questions because I'm interested in an exchange of ideas)
There is an interesting conversation, in my opinion, about the level of sympathy we should have for Rasmussen given the above. Maybe I'm harsh on him. I don't know. Why not engage with the substance of the conversation, or try and clarify points (as others have done here) rather than asking a load of rhetorical questions to try and prove, well prove what exactly?
But yeah, feel free to 'bookmark' the previous post if that's what makes you happy. . .
Sport has rules, and must follow them - until the rules were change.
Missing or erroneous whereabouts information can and should lead to an infraction and there the sanction should end, until enough infractions warrant a decision on exclusion., in Ramussens case that single event led to two infractions for the same period one from the UCI, the other from Danish federation, and that should not be. And only by adding the two agencies up can you get to an excludable offence. But that is the issue, On the strength of knowing that situation he was cleared by all parties to ride - so at the time of the race nobody was arguing the infractions from two agencies should be added together, the agencies redefining the accepted rule book came later...
As for the "his wherebouts report said he was in mexico" leading to the infractions - several issues
(1) that single infraction, was an infraction, indeed the team fined him 10000 euros for it, and they were also sending him tickets to his italian address, to train in the pyrenees for a couple of days with menchov, so the idea the team did not know where he was is farcical.
(2) That infraction made 2 total each for UCI and the Danes, so in neither case was enough to push him over the limit for sanction, which was why he was permitted to race by all parties.
(3) The whereabouts information is absolutely confidential under UCI rules - so how did anybody know where he claimed to be EXCEPT by a deliberate leak in breach of UCI rules? So the fact that anyone knew outside UCI he should be in Mexico is clearly a problem: the media storm was based on a leak of privileged information.
(4) There is no mystery about his intending to got to mexico! much as it has been presentted as a "hiding hole" awaay from testers. His wife is mexican, that is where her family lived - he was entitled to mexican citizenship. In the end he did not go, but that should be limited to the sanction above. Not more.
(5) His ultimate exclusion had nothing to do with the rules, and all to do with ASO considering the "bad press" from leaked information might harm the tour,so they kicked him out regardless of rights or due process.
SO just for Ramussen - when the fuss had died down, they then went for a ban.
The rules were redefined as any warning becomes an infraction regardless of explanations (his being as good as the explanations of others, but his explanations did not count, unlike other riders). In one case 2006 he was given the infraction without the opportunity to explain, so was given the infraction anyway, where any and every other danish rider would have been given a warning which would not have converted. Two of the infractions he ultimately got were for the same period from two different agencies, violating a legal principle, of one sanction for one offence. Only by adding dodgy infractions up from two agencies could you ever get to the total of 3 which were used to eject him. But if that had been the interpretation of rules, they could have done that at the start, so why wait till later? the only explanation is they decided to change the rules just for him in hindsight! because he had become an embarassment.
The fact that CAS did not overturn this errant nonsense, says more about the construction of CAS and the way ambiguity in rule books can be and is used against riders, than it does about Rasmussen..
Most important of all, there was absolutely no reason or justification within cycling rules to withdraw him, so if cycling could not eject him legally, it found an illegal method to do it by undue pressure from ASO to the team, and has ejected him ever since. presumably because he had the temerity to sue the team and he won. Hardly contestable, given the team lied when they said "they did not know where he was".
He would have won the TdF within the rules as they stood, but was not allowed to finish.
I THINK - I have not read it anywhere - that one reason that Rabo are pulling out is they know that Rasmussen will take the team to the cleaners for several million. He offered to settle without publicitiy - they would not even respond to the various emails - he eventually won 600000 euro, but is rightly arguing the value of a TdF win and for unfair dismissal (he was on salary 300000 a month at the time) a derisory amount.
In the end it is hard to explain the Rasmussen events except by assuming
the danish federation were out to get him, because he did not want a Danish riders licence, and were willing to ride roughshod over any set of rules to punish him for that. Or just for being someone they did not like. Who knows why. I have been connected with enough sports organisations to know they are petty fiefdoms run for the benefit of the executive, who love to wield what power they have against any who dare argue with them. Ramussen must have argued once too often for their liking.