UCI appeals Contador decision

[roundabout]

Yeah, and all the stalling can potentially mean that Contador will win races that he isn't supposed to and while he may lose the Tour he will serve his ban during 2 separate periods where he has no intention of riding any races.

Frigging great way of mimising the damage

 

[Dimtick]

does anyone know the details of the appeal?
here is my understanding of the process....
UCI can't actually appeal the ruling itself. They can't actually look at the facts, evidence, etc. of the case. What they do is to "review" the actions of the RFEC and determine if they have acted properly and in accordance with all the rules. If CAS determines that RFEC acted properly then AC is still acquited because it was within the right of the RFEC to do so. If CAS determines that the RFEC acted improperly or was influenced by outside pressure or politics then they can overturn the decision. Only then can CAS examine make an alternative ruling. IT also depends on where the proplem accured. If the problem was with the determination of guilt/innocence then the CAS will start from scratch. IF the problem was with sentencing then the CAS will only look at sentencing and will not review the determination of guilt/innocence.
Does this sound correct?

 

[Dimtick]

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



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.

technically I don't think AC was ever suspended. He was "provisionally" suspended but I seem to remember stories that UCI said that AC was free to ride.

 

[roundabout]

does anyone know the details of the appeal?
here is my understanding of the process....
UCI can't actually appeal the ruling itself. They can't actually look at the facts, evidence, etc. of the case. What they do is to "review" the actions of the RFEC and determine if they have acted properly and in accordance with all the rules. If CAS determines that RFEC acted properly then AC is still acquited because it was within the right of the RFEC to do so. If CAS determines that the RFEC acted improperly or was influenced by outside pressure or politics then they can overturn the decision. Only then can CAS examine make an alternative ruling. IT also depends on where the proplem accured. If the problem was with the determination of guilt/innocence then the CAS will start from scratch. IF the problem was with sentencing then the CAS will only look at sentencing and will not review the determination of guilt/innocence.
Does this sound correct?

No. UCI can appeal the ruling. See chapter XI of the anti-doping rules.

 

[Dimtick]

No. UCI can appeal the ruling. See chapter XI of the anti-doping rules.

do you have a link?

 

[roundabout]

http://www.uci.ch/includes/asp/getTarget.asp?type=FILE&id=NDc3MDk

 

[Cobblestones]

The appeal: maybe a huge FU to Riis and the plans for a breakaway league?

 

[Publicus]

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.

Yeah, after reading the RFEC decision, I can see why some might think it was a joke, but it wasn't. What you didn't get to see, and what I think we are all curious about, are the exhibits they reference. They only noted the conclusions of the reports and went from there. But that's a moot point as of today.

As for AC, he can't help but be affected by this in some form or fashion, but that being said, I think he was prepared for this outcome since it was pretty much a forgone conclusion that UCI would appeal. McQuaid's comments shortly after the RFEC acquittal was announced made it clear that the UCI was going to appeal no matter what was in the document.

I still believe this will be a very tough case for UCI to prevail on from a legal standpoint, but that's based on my very limited knowledge of the scientific evidence presented by AC's team and my very limited understanding of the bio-passport.

 

[peloton]

The RFEC said it respected the UCI’s decision and would wait for the ruling body to present the reasons behind it to CAS.

“In this process, the RFEC will defend the resolution (to exonerate Contador) deploying all the necessary means to maintain the innocence of the cyclist,” the RFEC said in a statement on its website (http://www.rfec.com).

http://sports.yahoo.com/sc/news?slug=reu-contador

The Court of Arbitration for Sport may not be able to rule on the Alberto Contador doping case before the start of the Tour de France because a lengthy procedure lies ahead, CAS’s general secretary said on Thursday.

The International Cycling Union (UCI) is appealing against the Spanish federation’s decision to clear the triple Tour champion, who tested positive for the banned anabolic agent clenbuterol during last year’s race.

“I am puzzled that the UCI have waited until the very last moment to appeal,” Matthieu Reeb told Reuters.

“We lost a few precious weeks because of that.”

He added that CAS had yet to be formally notified of the appeal: “I imagine it will be sent by mail tonight so we should have it tomorrow.”

If the parties really want a quick decision, “we can arrange that”, Reeb added.

“But from what I heard from one of his lawyers, we are heading for a fierce defence. I am pessimistic we can make a ruling before the end of June.”

http://sports.yahoo.com/sc/news?slug=reu-contadorcas

 

[orbeas]

UCI V Contador.

can not understand this statement from the UCI< think they have been around El Presedente McQuaid for too long

"Our main goal is not to prove that Contador is guilty. We don't want the head of Contador,”

so if they dont want him guilty whats the point of drug tests ??????????

 

[Cobblestones]

http://sports.yahoo.com/sc/news?slug=reu-contador




http://sports.yahoo.com/sc/news?slug=reu-contadorcas

Wonderful.

So, if CAS reverses the ruling we could have all of Contador's results, starting with the 2010 TdF win to get annulled?

Let's just assume Contador keeps winning a lot, this might end up as the biggest public perception nightmare cycling has ever seen. Add to that the possibility of a very public Lance trial, and we might be looking at another horrible year for cycling in the eye of the general public.

 

[GreasyMonkey]

do you have a link?

The UCI is not the body doing the review, etc, they are the Appellant, to the CAS, which operates according to http://www.tas-cas.org/d2wfiles/document/3923/5048/0/Code 2010 (en).pdf

The section specific to the appeals process is Section C, from R47 to R59 inclusive. R57 addresses the scope of the Appeals Panel, remedies, etc.

 

[DirtyWorks]

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.

UCI just has to keep up the appearances on doping. They are obligated to make an appeal. Expect it to come out in Pharmador's favor in June, just before start of Pat's biggest event.

I would be surprised to find out the UCI prevails and Pharmador heads to the penalty box. That would be a very bad day for Pat and Hein.

 

[spalco]

I would be surprised to find out the UCI prevails and Pharmador heads to the penalty box. That would be a very bad day for Pat and Hein.

Why exactly is that?

 

[D-Queued]

The RFEC said it respected the UCI’s decision and would wait for the ruling body to present the reasons behind it to CAS.

“In this process, the RFEC will defend the resolution (to exonerate Contador) deploying all the necessary means to maintain the innocence of the cyclist,” the RFEC said in a statement on its website (http://www.rfec.com).

http://sports.yahoo.com/sc/news?slug=reu-contador




http://sports.yahoo.com/sc/news?slug=reu-contadorcas

What is the precedent for this?

Sounds like Contador is getting everything he could ask for and more here.

1. Apparently gets to keep riding and pocketing his winnings. This goes against Code and absolutely against the original Pro Tour commitment(s).

2. His legal bills are now, apparently, being footed by RFEC.

Nice.

He is making all other high profile dopers look like schoolchildren.

Dave.

 

[c&cfan]

What is the precedent for this?

Sounds like Contador is getting everything he could ask for and more here.

1. Apparently gets to keep riding and pocketing his winnings. This goes against Code and absolutely against the original Pro Tour commitment(s).

2. His legal bills are now, apparently, being footed by RFEC.

Nice.

He is making all other high profile dopers look like schoolchildren.

Dave.

lol..

why dont you guys just chill a little and enjoy the sport how it is and has always been?

simple question.. can someone give me a simple answer? (besides FU )

 

[Hugh Januss]

lol..

why dont you guys just chill a little and enjoy the sport how it is and has always been?

simple question.. can someone give me a simple answer? (besides FU )

That particular line of argument has never really worked for Flicker either.

 

[Suedehead]

The appeal: maybe a huge FU to Riis and the plans for a breakaway league?

This is what I thought as well.
(The uci has seen most of the paperwork already, why take so long?)

 

[hrotha]

What was the reasoning to strip Valverde of his 2010 results? Are we sure the same thing would apply to Contador?

 

[sniper]

The appeal: maybe a huge FU to Riis and the plans for a breakaway league?

Sounds a bit far-fetched to me.
The UCI must honestly feel (a) that AC cheated; (b) that they can win this case and (c) that the UCI's reputation is on the line.
Perhaps the FU to Riis is a bonus, though.

 

[biokemguy]

Decision during the Tour?

If I understand the timeline correctly, there's a potential for the decision to come out *during* the TdF.

That seems like a huge risk on the part of the UCI to me, given that ASO can't exclude Contador AFAIK.

Do I understand this correctly?

 

[Moose McKnuckles]

The UCI know they are going to lose this case.

It's a win-win for them. If they win, they look like they're fighting doping. If they lose, they still look like they're fighting doping.

So why not file it?

 

[webvan]

Yes, so why is the RFEC going to be involved in defending AC now, to make their "judgement" stick?

 

[biokemguy]

I was thinking of a scenario where Contador is removed from the TdF perhaps in the lead.
Would people then question Schleck's likely victory they way the did Contador's first when the Chicken was defrocked?

This would look terrible for cycling even if many of us in the Clinic would applaud.

 

[webvan]

I wouldn't, for a start he raced better than Bertie last year, and second "innocent until proven guilty" is what keeps things going in our world. Off-topic here, but Andy is certainly not the most suspect rider in the peloton, re his stellar first GT when he finished second in the Giro. And he hasn't magically become the best ITTer in the world like the subject of this topic.