UCI appeals Contador decision

[hfer07]

I only see this new development as a "clever" maneuver by UCI & WADA to prevent AConta to ride the tour--remember Pat saying that this year's tour isn't the right place for Berto?-and now they're saying the final ruling may not be reached until June?-- I'd say they understand the depth of removing AC from racing, and now even more since the ProTeams are looking to break up their bond with UCI-they just can't fvck him up that easily and expect sponsors & deals already made just to flush down the pipes because McQuaid wants to appear to the public that he's doing his job....

 

[on3m@n@rmy]

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.

Why exactly is that?

Yeah, I guess I have same question as Spalco. I mean, how would UCI prevailing be bad for Paddy? Unless you mean Paddy really didn't WANT to appeal to CAS and only did so out of obligation... but that does not make sense either with all the water that's past under the bridge.

 

[hrotha]

Yeah, I guess I have same question as Spalco. I mean, how would UCI prevailing be bad for Paddy? Unless you mean Paddy really didn't WANT to appeal to CAS and only did so out of obligation... but that does not make sense either with all the water that's past under the bridge.

It makes sense if we assume WADA was going to appeal on their own if necessary.

 

[Blakeslee]

Something really needs to be done to streamline the whole suspension and appeal process. Ideally it would be a process that would allow doping cases to be resolved at worst by the end of the following off-season, avoiding these uncomfortable situations like with the Valverde and Contador cases where the rider still facing a potential sanction continues to race. The amount of foot dragging and delays by both sides in the Contador case has been embarrassing. There has to be a way of streamlining the process while still ensuring that enough time is taken to gather and review the evidence and provide a fair hearing for the rider.

 

[webvan]

Yeah, on the other hand if the cheaters who get caught didn't appeal to try to evade their suspension on a technicality that would help too wouldn't it?

 

[Escarabajo]

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.

I don't think it will get to that. If AC doping case is still under review by CAS come the Tour de france date I doubt that the Organizers will accept him. My 2 cents.

 

[Delicato]

I don't think it will get to that. If AC doping case is still under review by CAS come the Tour de france date I doubt that the Organizers will accept him. My 2 cents.

And what about Zomegnan? I am sure he is not looking forward to the scenario in which the winner 94th Giro (celebrating the 150th anniversary of Italian unification) will be the rider who finished 2nd in final GC.

 

[TERMINATOR]

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, you are incorrect. That is how appeals are heard in criminal trials, where the appellate court generally does NOT second guess a jury's decision.

In a CAS doping case, the CAS itself is entitled to review RFEC's decision, it's logic, and it's conclusion. CAS is essentially a new jury verdict.

It sounds like you got advice from a lawyer who assumed the CAS system is the same as the criminal code of justice. It is not.

 

[webvan]

And what about Zomegnan? I am sure he is not looking forward to the scenario in which the winner 94th Giro (celebrating the 150th anniversary of Italian unification) will be the rider who finished 2nd in final GC.

Good point, but can't he be sued if he doesn't take him? Didn't that happen with Valverde in one of the GTs? I'm guessing the UCI will be consulted and will issue a "free to ride".

The right thing to do of course would be for Bertie to sit it out until a decision is made. That time might even be deducted from a suspension. Then again when was the last time a rider who returned a positive did the right thing?

 

[skidmark]

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

I've never understood the reasoning for the Valverde decision, even though I understood the other complex legalities of the case pretty well. It almost seems like the CAS made their decision before January 1st and recommended his ban start then, but something held up the process until after the Ardennes in April. It was really weird.

With Contador, it would not make sense to strip him of results unless his ban started from last year. Who the hell knows, is my point.

 

[webvan]

ASO putting on some heat for a quick resolution, more bragging by the Bertie camp -> http://www.cyclingnews.com/news/prudhomme-wants-quick-resolution-to-contador-case

 

[JA.Tri]

No, you are incorrect. That is how appeals are heard in criminal trials, where the appellate court generally does NOT second guess a jury's decision.

In a CAS doping case, the CAS itself is entitled to review RFEC's decision, it's logic, and it's conclusion. CAS is essentially a new jury verdict...

A while ago Contador's solicitor indicated that in event of appeal for review by CAS: much further evidence would be submitted. The sol insisted that such evidence would significantly strengthen Contador's position...

Sorry can't find link.

Anyway, such a comment suggests any (inc further) relevant evidence can be supplied for consideration by CAS.

 

[Cimber]

CAS dont understand why UCI had to wait till the last minut to appeal, as it will now be difficult to make a verdict before the Tour.

http://www.feltet.dk/nyheder/cas_undrer_sig_over_sen_anke/
(use google-translate from Danish til Enlgish)

I share CAS frustration about that. Typical UCI to wait till the last minute. It would have been better for the sport if the case would be decided before the Tour. Honestly, they have known they were gonna appeal for a while already.

 

[Cimber]

I don't think it will get to that. If AC doping case is still under review by CAS come the Tour de france date I doubt that the Organizers will accept him. My 2 cents.

Which make me suspect that that is the reason UCI dragged out the decision. Faul play really, because if CAS aquits him he is ungulity, and if not its another doper trapped. Either way it would be best for the sport to have the final verdict before the Tour.

 

[Cimber]

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

Ye I have seen some reports where Pat speculates that Riis COULD be part of it. On the other hand SBS have rejected that they are a part of the break-away.

 

[Cimber]

Clenbuterol found on Spanish restaurants. That supports Berti's case

http://spn.dk/cykling/article2380771.ece
(use googe-translate from DAnish to English)

 

[brianf7]

Conterdor has been cleared by one legal system so to appeal the UCI must have a legal issue to appeal.
not just they didnt like the judgment.

any ideas what the legal issues are because they must have one or at least think they have otherwise CAS has to throw it out.

either he took it deliberatly or he didnt UCI must prove he did or go back and talk to the fairys at the bottom of the garden PAT.

 

[Benotti69]

UCI are bumbling this one like everything else they do. Upsetting the ASO is a speciality of theirs even if it damages their already fractured relationship. Not a fan of ASO, but surely to get this sorted ASAP is better for the sport rather than a long drawn out case that gets dragged through the media. But as usual mcquaid doesn't know his ar$e from his elbow.

 

[Aguirre]

scenario, contador in pink, next anton and nibali in zoncolan, then these two they think: "the second will be the first, then we fight for second".

cycling becomes a joke, then what the Tour does? to ban him? to let him ride?
what if then he becomes innocent or guilty?

 

[TERMINATOR]

Conterdor has been cleared by one legal system so to appeal the UCI must have a legal issue to appeal.
not just they didnt like the judgment.

any ideas what the legal issues are because they must have one or at least think they have otherwise CAS has to throw it out.

either he took it deliberatly or he didnt UCI must prove he did or go back and talk to the fairys at the bottom of the garden PAT.

Yes, if you bother to actually read the article, it clearly says the UCI was not convinced Contador proved the meat he ate was contaminated. He never got a sample of the meat.

In all cases of contaminated supplements, the athletes and their legal team have the wherewithal to test the supplement, often finding contamination.

Contador and his legal team of idiots failed to do this basic test. This is legal malpractice.

But if you bothered to notice, WADA did take the liberty to test the meat from the alleged butcher in question, and all samples tested negative.

The burden of proof is with Contador to prove the meat was contaminated. He failed to do this and is why CAS will give him 2 years.

 

[TERMINATOR]

Clenbuterol found on Spanish restaurants. That supports Berti's case

http://spn.dk/cykling/article2380771.ece
(use googe-translate from DAnish to English)

No it does not. If clenbuterol contamination were prevalent, athletes besides cyclists would be testing positive for it. There is no reason to believe that only cyclists would be disproportionately affected.

One would expect to see an equal distribution of runners, figure skaters, and fencers who test positive. But we don't see that.

 

[TERMINATOR]

ASO putting on some heat for a quick resolution, more bragging by the Bertie camp -> http://www.cyclingnews.com/news/prudhomme-wants-quick-resolution-to-contador-case

Do you really think CAS cares about the Tour de France's timeline? This will be bad news for Bertie....he has no evidence to show. He has no contaminated sample of meat from the butcher.

Bertie - where's the beef?

 

[sniper]

No it does not. If clenbuterol contamination were prevalent, athletes besides cyclists would be testing positive for it. There is no reason to believe that only cyclists would be disproportionately affected.

One would expect to see an equal distribution of runners, figure skaters, and fencers who test positive. But we don't see that.

not sure about that, since figure skaters, fencers, cross-word-puzzlers or chess-players are not equally tested for CLEN.

 

[Cimber]

No it does not. If clenbuterol contamination were prevalent, athletes besides cyclists would be testing positive for it. .

No they wouldnt since only 2-3 labs around the world can detect such small quantaties.

 

[Cimber]

Pat states that one of the main resons for the appeal was the stateent made by the Spanish prime minister which kinda taints RFEC's decisions. He says that the ministers comment gave UCI no choice. He implies that they do not necessairy disagree with RFEC but that the sport and the world needs a verdict which can not be doubted. I gotta agree with that.

He also states that he thinks a CAS-verdict can be reached before the Tour.

http://www.sporten.dk/cykling/mcquaid-spanierne-gav-os-intet-andet-valg
(use google translate from Danish to English)