UCI appeals Contador decision

[sniper]

http://www.cyclingnews.com/news/uci-appeals-contador-decision-to-court-of-arbitration-for-sport

Guess any information relevant to this case -- be it subjective or objective, empirical or theoretical -- is welcomed here.


some food for thought to open discussion:

as.com believes the today's decision whether to appeal or not will come from the uci and wada jointly.

if so, which i believe is likely, it has to ramifications: (i) it will go to cas b/c i can't see wada sitting still (ii) it may shorten the process by 3 weeks opening (theoretically of course) the tour for conti.

 

[hrotha]

Best news all week.

The International Cycling Union (UCI) today decided – within the time frame stipulated by the Regulations –

Hahaha. "We may have been procrastinating and stalling things for no reason, but it's legal."

 

[L'arriviste]

I'm looking for TAS-CAS to set a precedent, one way or another, to make a judgement based on sound reasoning.

That's all that matters to me on this. I'm no longer interested in Contador himself.

The integrity of TAS-CAS is still worth something, whereas the UCI/National Federation dimension has long since become a farce of factionalism and inconsistency.

 

[veganrob]

Well I was wrong. I didn't think UCI would appeal.

 

[Cimber]

Am glad they appealed so that we can get a final and objective verdict. If CAS decides to aquit him it will probably satisfy people more than if it remained as a RFEC-decision.

Also it will be a good case to base all the other recent clen-cases on.

Now, what is the time horizont for a CAS-decision?

 

[spalco]

btw. What happened to WADA? Is it a joint appeal?

The time limit for WADA to appeal is a couple weeks longer than the UCI's I think I read somewhere.

 

[Descender]

I'm looking for TAS-CAS to set a precedent, one way or another, to make a judgement based on sound reasoning.

That's all that matters to me on this. I'm no longer interested in Contador himself.

The integrity of TAS-CAS is still worth something, whereas the UCI/National Federation dimension has long since become a farce of factionalism and inconsistency.

Not since they admitted there would be innocent victims with this system, it's not.

 

[GoGarmin]

Deep sigh of relief.

 

[python]

btw. What happened to WADA? Is it a joint appeal?

the uci official statement does not mention anything about the joint appeal.

but at this point it would be an irrelevant formality if wada was mentioned b/c it's pretty clear the consultations with wada went all along and yesterday paddy publicly confirmed it.

the cas clock just started regardless of whether the uci pulled wada's coal out of a fire... wada will likely figure as a co-appellant against rfec/contador.

and i welcome this due process with open arms and mind !

 

[Cimber]

The time limit for WADA to appeal is a couple weeks longer than the UCI's I think I read somewhere.

So CAS cant start on the case untill WADA has decided too? How long till we can expect a CAS decision? Before the Tour? He is free to ride till CAS has made a decision, but its unlikely that ASO will accept him in the Tour before CAS has made their verdict.

 

[Merckx index]

I guess we can put to rest the Contador Acquitted thread. This one promises to be just as long.

The UCI said that its appeal was based on "an in-depth study of the file received from" the Spanish cycling federation.

It could have been based on a very cursory study of the file, most likely.

WADA has three weeks to join. I will be very surprised if they don't. I thought they would probably appeal even if UCI didn't.

The timeline is going to be very interesting. Bert will get through the Giro, I assume, but I don't know about the TDF. If he starts it, I can't see them announcing a negative decision during, but then again, if he wins it again, it would be very embarrassing afterwards, too.

My only wish if for far greater transparency that we got from RFEC. If Bert gets off, make it very clear why. Did he have a passport test in June? Or some kind of blood test not too long after the CB positive?

Oh, yeah, another wish: address the DEHP data. If they're only a "rumor", put the rumor to rest once and for all. If they're real, as I believe, either bring them into the case, or explain exactly why they can't be. We know they can't be used at this time as a standalone test, but can they be used as supporting evidence?

 

[veganrob]

Need more transparency on this case rather than leaks and rumors.

 

[hrotha]

Now, what is the time horizont for a CAS-decision?

Someone from the RFEC legal department said this could go on until September. The rules need to be changed to prevent every other doping case turning into a Valverde situation.

 

[Cimber]

Someone from the RFEC legal department said this could go on until September. The rules need to be changed to prevent every other doping case turning into a Valverde situation.

Ouch, hopefully it can be done alot faster. The sport needs to get closure in this case regardless of the final outcome. I really hope they can make a decision before the Tour

 

[Lanark]

In the Pellizotti case the verdict was less than 2 months after the UCI announced their appeal. Obivously the Contador case is very complex, but so was the Pellizotti/biological passport case. But I believe that was an unusually fast proces, it normally takes more time for CAS to come to a verdict.

 

[Publicus]

Someone from the RFEC legal department said this could go on until September. The rules need to be changed to prevent every other doping case turning into a Valverde situation.

It will depend, in large part, on the parties. I think Velonation had an interview with the head of CAS and he laid out a timeline based on the notice of appeal being filed today. If all goes well, they could have a decision by the end of June. UCI has until 4 April to file its documents in the case and then AC and his team have until 26 April to respond.

I'll dig up the link in a moment.

The appeal brief (=main written submission of the Appellant) should be filed on 4 April 2011.
The written answer should be filed on 26 April 2011 approx. (depending on when the appeal brief is received by the Respondent).
A hearing would take place 4-5 weeks after the filing of the answer, say on 30-31 May 2011.
Finally, the deliberations + notification of the final decision would be completed in June 2011.

Read more: http://www.velonation.com/News/ID/7...-past-Tour-de-France-start.aspx#ixzz1HWIkdR00

 

[on3m@n@rmy]

Now that this has finally gone to CAS, I'm looking at the CAS decision - no matter how it turns out - to be a win-win. I'll be taking the CAS ruling as a decision that either AC is guilty or not guilty, and then move on.
- win #1 = CAS says guilty, so another doper gets busted
- win #2 = CAS says not guilty, we get to go on with life after telling the UCI to read between the lines
......... of my 3-finger salute.

 

[spalco]

So CAS cant start on the case untill WADA has decided too?

I don't know why they would have to wait for anything now. Whether or not WADA appeals, the appeal trial takes place. But if WADA has something to say I'm sure that will be considered.

How long till we can expect a CAS decision? Before the Tour? He is free to ride till CAS has made a decision, but its unlikely that ASO will accept him in the Tour before CAS has made their verdict.

Does the ASO even have a choice? I thought all Pro Tour teams are automatically invited this year.

 

[Merckx index]

It will depend, in large part, on the parties. I think Velonation had an interview with the head of CAS and he laid out a timeline based on the notice of appeal being filed today. If all goes well, they could have a decision by the end of June. UCI has until 4 April to file its documents in the case and then AC and his team have until 26 April to respond.

I'll dig up the link in a moment.

Thanks for this info. It will be interesting to see if these parties take the maximum amount of time. UCI just did, maybe because they wanted to be certain before taking the plunge, or maybe because they wanted to delay the start of the process. Will they wait till April 4? Will Bert wait the maximum amount of time after UCI files? Python said this process has begun independently of WADA's decision, so I assume that does not figure at all in the progression of the case.

It still looks to me that they would have to push things along pretty fast to get a decision before the TDF, particularly if these time limits are taken to the fullest. But if it's a suspension, better before the Tour surely than during or after.

Regardless of what Bert may say in response to this news, he has to be nervous and grim. Though some of us saw the RFEC decision as a joke, you don't overturn a national fed lightly, particularly when the most important rider in the world is involved. I wonder if this will get into his head and affect his racing and training.

 

[L'arriviste]

Not since they admitted there would be innocent victims with this system, it's not.

What system is that?

 

[GreasyMonkey]

Oh, yeah, another wish: address the DEHP data. If they're only a "rumor", put the rumor to rest once and for all. If they're real, as I believe, either bring them into the case, or explain exactly why they can't be. We know they can't be used at this time as a standalone test, but can they be used as supporting evidence?

Despite reading the 2010 code from TAS-CAS webiste, it is not clear to me whether the Appeals process permits the introduction of new evidence, or the introduction of additional charges.

"R57 Scope of Panel’s Review, Hearing
The Panel shall have full power to review the facts and the law. It may issue a new decision which replaces the decision challenged or annul the decision and refer the case back to the previous instance."

From this section (the most relevant in the CAS Rules I can see), I read that the pertinent word is "review", i.e., look only at the facts as presented in the filing - I do not read it as saying that the Appellant has the opportunity to introduce new charges (relating to DEHP or other substances), or evidence pertaining to substances/processes/methods other than those in the original decision being appealed.

I would expect that if the UCI or WADA wish to prosecute Bertie for a transfusion, then that would need to be a separate AAF, lodged with the RFEC for prosecution.

I've sent the following questions to the TAS-CAS, will post the answers when & if I receive them...

"Hello,

I wish to ask some questons regarding the scope of the appeals process, in particular when it is related to a disciplinary procedure issued by a National Sports Federation.

Question 1: Is the scope of the appeal and the evidence relating to the appeal limited to the original charge(s) which were bought to bear by the National Federation?

Question 2: Can the Appellant bring forward evidence of a further (new) offence, which may provide a different or alternate view of the situation regarding the original charge(s)?

Question 3: Can the Defendant or other parties to the appeal request the exclusion of any new evidence that the Appellant may wish to introduce?

Best Regards."

 

[Squares]

Contador's possible suspension...

Based on the Valv.Piti decision, my thinking is that because Clentador resumed racing and is currently participating in races, any suspension doled out by CAS would start on the date of the decision.

Following this line, if they decide on June 30th and give him a 2 year suspension, he would be suspended until July 1, 1013 and miss the Tour de France in 2011 and 2012. They could also nullify any results obtained between last August and the date of the decision.

I think a similar finding was reached in the Pellizotti case.

Can someone correct me if I am wrong on my logic using the Valv.Piti case as the basis for the start of the suspension?

Also, if this is the finding, wouldn't he have been better off taking the reduced 1 year sentence starting from the end of the 2010 Tour from RFEC so that he could be back to win the Vuelta this year?

 

[GJB123]

I think you are close but not quite there.

The suspension, if any, will indeed start at the date of the decision by CAS. I am not so sure however that we will forfeit all his results since then. Yes, he will lose hos TdF 2010 title, but if he is clean on the races bow, he won't lose those. This is different from Pelizotti because he was deemed to have a positive over a period of time due to anomalies in his blood passport.

I anyone thinks differently, please chip in.

Regards
GJ

 

[pmtg99]

so guys... what's the bet that there is no verdict/temporary suspension until after the end of the giro (which he, assuming he's in some sort of form, will annihilate)

 

[Merckx index]

I would expect that if the UCI or WADA wish to prosecute Bertie for a transfusion, then that would need to be a separate AAF, lodged with the RFEC for prosecution.

If that’s the case, then Bert would become potentially susceptible to aggravating circumstances, as I suggested in another thread. Two doping infractions.

Based on the Valv.Piti decision, my thinking is that because Clentador resumed racing and is currently participating in races, any suspension doled out by CAS would start on the date of the decision.

Following this line, if they decide on June 30th and give him a 2 year suspension, he would be suspended until July 1, 1013 and miss the Tour de France in 2011 and 2012. They could also nullify any results obtained between last August and the date of the decision.

The WADA code also says a suspended rider gets credit for time served. I believe Bert was suspended from late August or early September last year until the RFEC decision in February, a period of about five and half months.