Valverde Case Update: Arbitration Court Hearing Tomorrow
by Jen See on Jan 11, 2010 8:27 PM EST
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The sports arbitration court (CAS-TAS) will convene a hearing tomorrow in Lausanne on the Valverde case. This hearing will address the question of the Italian anti-doping authority's competence to sanction Valverde, who is licensed in Spain. The Italians assert that they have authority, because Valverde raced in Italy during the time of the alleged offenses. Valverde, with the backing of the Spanish Cycling Federation, claims that the Italian authorities have no standing to sanction him. The court will hear testimony from 19 witnesses, including officials from the Italian police and the Guardia Civile, the Spanish agency who first investigated the Puerto case. No word on how long the deliberations in the case should last.
Update, Tuesday. Gazzetta dello Sport reports that the arbitration court met today for a lengthy hearing that included testimony from Ettore Torri of CONI, Enrique Bastida of the Guardia Civile in Spain, lawyers for the UCI, lawyers for Valverde, and Tiziana Sansolini, an expert in hemotology who examined the blood bag linked to Valverde. Gazzetta reports that the court seeks first to establish that the sanction against Valverde is consistent with Italian laws and anti-doping regulations.
The legality of Italy's use of the evidence from the Spanish Operation Puerto investigation lies at the center of the dispute. The Spanish Federation and Valverde's lawyers have asserted that the Italian investigation used the material illegally. Not surprisingly, Torri disagrees. According to Italy's anti-doping chief, the Spanish transferred evidence pertaining to the cases of Ivan Basso and Michele Scarponi. How can Alejandro Valverde be any different? "The law must be equal for all," asserted Torri during today's hearing.
The outcome of this case will decide whether Italy's two year sanction against Valverde is valid. If the ban is valid, it is likely that the UCI and WADA will act to extend the ban worldwide, which would prevent Valverde from racing this season. The court is expected to offer a decision in the case on Thursday.
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FYI
also among the witnesses will be Jesus Manzano (i think that’s how you spell it…too lazy for google)….he’s expected to testify having first hand knowledge of V’s doping exploits.
Meanwhile, Valverde will be heading to the TDU….likely trying to win it, since his time could be short. If he can defend himself here he still has to do it on the WADA/UCI case against the Spanish Federation for not taking action….if he loses this, then the following case will ban him everywhere….
not really sure
why it would matter if Manzano saw him dope, since they were teammates way back on kelme from what i remember….maybe establishing character? Don’t know how the hearings work….
It would only be relevant
a) if it pertained to the offenses cited by the Italians (not sure which races they sanctioned him for) or
b) character witness… but if I were a judge I would be pretty leery of such prejudicial information. “I saw him dope in 2001” is pretty far removed from, say, Italian races in 2005 or something.
"The only pain I got time for is the pain I put on fools who don't know what time it is." Edvald Boasson Hagen
by Chris Fontecchio on Jan 11, 2010 2:29 PM EST up reply actions
common scheme or plan?
Without knowing anything about what rules of evidence (if any) apply before these CAS arbitration panels, I would guess Manzano’s testimony would be admissible to show a common scheme or plan encompassing Valverde’s alleged doping when he and Manzano were teammates at Kelme in 2002-2003, and Valverde’s alleged continued association with Fuentes, who had been Kelme’s team doctor.
by Susie Hartigan on Jan 11, 2010 3:26 PM EST up reply actions
They're held under Swiss law
Not that I know the rules of evidence in Swiss legal procedure, of course ;-)
I would expect that Manzano’s role is to confirm the association between Valverde and Fuentes and to explain the various services provided by Fuentes. In one of the interviews from Manzano, he said he was present during meetings of Fuentes and Valverde also, as I recall.
It seems a bit indirect in the current case, but I suppose they are establishing background.
Gav <—— so not a lawyer
If the Italian argument is that Valverde's doping
in Italian races triggers their jurisdiction . . . Manzano’s testimony becomes very interesting to them . . . and wasn’t doping in Italian races a crime in 02 and 03?
Now if he had documents that would be better . . .
Good question about the criminal sanctions
2002, hmm, yes, I do think they had laws for that, by then.
Oh, right, I’m seeing the Manzano significance now. Thanks, slow today. He could potentially confirm that Fuentes “prepared” Valverde during races in Italy when they were team-mates. Voilà.
It still surprises me how little amount of dignity the Spanish Federation has
“umm yeah sure there is proof but it’s not from us, how dare you try to suspend OUR rider with your little Italian proof. After all he wins a lot of races for us…and ummm that has nothing to do with it”. I sure hope something actually comes from this and he finally gets what he deserves.
March 14, 2010: The great one returns!
You will probably
be waiting a while. Just a guess, really. Does this case — between federations — have any precedent?
"The only pain I got time for is the pain I put on fools who don't know what time it is." Edvald Boasson Hagen
by Chris Fontecchio on Jan 11, 2010 2:38 PM EST up reply actions
Oh I know nothing will be solved tomorrow
I just hope we finally see some forward progress made in this case, it has been stalled at a hissy fit between federations with no results for a while.
March 14, 2010: The great one returns!
Precedent
The Ricco case was kinda sorta like this, but with the different authorities playing different roles. As I understand it, the French and the Italians both suspended Ricco for 24 months, but he got the CONI suspension reduced to 20 months at CAS. The UCI in turn ignored the CONI+CAS decision and gave him the full two years based on the French case.
This suggests that the UCI will recognize suspensions from outside the rider’s federation.. However, for this case, I’m not sure if CAS will feel obligated to follow that precedent, given that it was a slap in their face. Of course, the Ricco case also shows that the UCI is the final arbiter of suspensions regardless of what CAS decides.
"It's just a bike race" - Frank Schleck
But Ricco's sentence ended up reduced back to 20 months.
He’s returning in March. Link.
I will be a different rider in 2010, one who wins races.--Linus Gerdemann
The Riccó case is a key precedent here
The UCI privileged the decision of the federation where the offense occurred over the decision of the rider’s home federation. Subsequently, the UCI received information about Riccó’s willingness to cooperate, and reduced the sanction.
Infos on the UCI decision, http://www.podiumcafe.com/2009/7/30/969328/the-ricco-case-takes-a-strange
Typical weird Euro Proceedings
Sometimes the legal? system and the reasoning for it’s decisions baffles me.
Take the F1 debacle that saw Flavio Briatore overturn his suspension from the sport.
Wasn’t hard to see the man was guilty but now he walks free.
The Valverde case seems open and shut? But he will likely be taking somebody’s result from them by racing the TdU.
"When fascism comes to America, it will be wrapped in the Flag and carrying the Cross."
--Sinclair Lewis
Briatore reinstated
What a sham. I didn’t know that until now but will go read up on it. I would like to think that no one else would order a stunt like he did, but him not getting a just punishment for doing so does not send a very good message.
Thank you for returning to my life cross season!
by australopithecine on Jan 11, 2010 3:11 PM EST up reply actions
The guy almost killed Renault racing
the F1 just today launched an appeal to the verdict so maybe it will be overturned. Even if not I don’t see that slime ball ever getting a shot in F1 again.
March 14, 2010: The great one returns!
Sorry
Here in the land of the surreal OJ Simpson trial,
we should be careful of our stone throwing/glass house problem.
"When fascism comes to America, it will be wrapped in the Flag and carrying the Cross."
--Sinclair Lewis
But the glove did not fit!
Therefore, they had to acquit! And don’t even get me started on the Chewbacca Defense
ahem
As I understood it, I think the French courts had a point there. While what he did was reprehensible, the FIA appear to have carried out the proceedings with the care & attention to due process that only a sports governing body can muster. If you want something to stand, get your procedures right.
Bernie Ecclestone has better things to worry about then silly due process
such as potentially making an idiotic offer to buy up the train wreck that is “Saab”.
March 14, 2010: The great one returns!
Yep but Mosley is finally gone
WOHOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO!!!!!!!!!!!!!!!
By by asshat!
March 14, 2010: The great one returns!
Will this ever end?
Im not sure if the Italian case sticks, but I certainly feel like all of the Puerto evidence should come out once and for all, just end all this legal hoopla.
If the CAS says that Italy
is competent to impose sanctions …
Will this open the window for the UCI to impose global sanctions?
Wasn’t the UCI in part stalling due to competency issues (them vs the Spanish)?
Moo
lol
well played
"well...you live in england so: you love the rain. loves the queen. hates cycling. based on mr bean had a tremendous amount of humour. all ride in a mini cooper. all getting drunk before the age of 12. getting drunk at least 3 times a day."- frinking, 7/9/09
The UCI have a separate case at CAS/TAS
against the Spanish federation for their failure to open a case against Valverde. Which strikes me as having your cake and eating it, in that they clearly think Valverde has a case to answer, but don’t wish to risk any of the little authority they have by extending the Italian sanction when Valverde has challenged it.
Yeah.
I think both hearings were most recently scheduled for November, then postponed, then there was a fanshot a few weeks ago where lucybears linked the rescheduled dates. You even posted in it.
Don’t blame you for losing track, though—it has dragged on…
I will be a different rider in 2010, one who wins races.--Linus Gerdemann
probably because it ended up
becoming a benalanche….
Your bike doesn't want to crash so relax and let it roll!!!
yep, we did
but it was like ages ago that we knew that, and most of us had forgotten.
also, it was a slightly slow news day, so eh, i posted it up.
Besides, it's actually newsworthy that they've gotten to the night before the hearing
and still haven’t postponed it again.
I will be a different rider in 2010, one who wins races.--Linus Gerdemann
there's still time left!!!
lol, yeah, i’m really hoping they get this thing done already.
i’m guessing the number of witnesses is part of the reason for the delay. i didn’t realize they were calling quite so many people, actually. but then, i don’t really know how many usually show up to these things. too bad we don’t get a transcript thingy, though it would probably put me to sleep to read it.
CN has a photo of Schumacher
which seems to give a strange top to bottom symmetry to his head
I'm waiting Gav........................
A loud as hell, a ringing bell, behind my smile, it shakes my teeth, and all the while, while vampires feed.
Soon, I beg you!
I’m starting to get sympathetic feelings for Schumi the way his case is being strung out.
Thursday?
I’m not used to this kind of expediency. Are you sure they mean on Thursday and not on a Thursday? Like the second Thursday of October.
Staring at the swim team gets you killed by a gang of dancing ninja men who know how to twirl.
by TheFigurehead on Jan 12, 2010 3:37 PM EST up reply actions
The BMC bit will hold me over for a while
I think the picture will hold Zoerochelle over for the next 2 months
"Woof, woof, woof! That's my other dog imitation."
Mini update (through the filter of Google Translate): both sides are claiming victory after the first day.
The Spanish press is crowing because CAS hasn’t extended Valverde’s ban worldwide (CAS says that’s up to the UCI/WADA), while the Italians are thrilled because CAS ruled that once the Spanish granted letters rogatory giving permission to examine the Valv.piti bloodbag, they could not be withdrawn later. They also rejected a motion by Valverde’s side to remove one of the arbitrators because he used to be a consultant for WADA.
Manzano is supposed to testify today.
I will be a different rider in 2010, one who wins races.--Linus Gerdemann
Meanwhile Valverde's cuddling koalas on Kangaroo Island...
"How strange it was to see men doing something beautiful. Something pointless and elegant." Tim Winton, 'Breath'
That's cricketers you're thinking off
we send them out every couple of years for a ritual public humiliation.
Kind of you to say so, but not so one sided anymore ;)
The Barmy Army however…
"How strange it was to see men doing something beautiful. Something pointless and elegant." Tim Winton, 'Breath'
Funnily enough
the Italian press sees the refusal of TAS to extend the ban worldwide as being in favour of CONI and against Valverde. The ban was issued according to Italian rules, and they will be judging if it really does follow those rules. If they say that it does, then it will be up to the UCI on whether to extend it worldwide, and as their rulebook says out of one, out of them all then off he goes to spend more time with his family. Or his lawyers.
And just to get an English language reference to how CONI got hold of the blood
Dr Tiziana Sansolini, an immunohaematologist, seems to be the one who took a sample from the blood bag in Madrid, and the samples she took (CONI got samples from more than one bag on that occasion) were carried back to Italy by two NAS officers: Captain Lano and Marshall Ferrante. Lots of care seems to have been taken to have evidence of every stage of the chain of custody.
That's not my dog's name!
The ever-entertaining issue of dog’s name vs. blood-bag nickname was apparently hotly debated in today’s testimony.
According to La Gazzetta, Valverde, tesifying by phone from Australia, denied ever having a dog named Piti. A reporter who did a piece on Valverde shortly before the OP story broke testified to confirm his report that AV had a dog named Piti.
No testimony yet, apparently, as to how Valverde’s toddler children pronounce the dog’s name.
That Gazzetta story is brilliant
“Fuentes was the brother of the company doctor.”
And apparently the panel has another thirty days from when the hearing ends to come up with their decision. Doesn’t time fly …
No wonder this is taking time. Even the mutt has lawyers.
“The rider denies knowledge with Fuentes, having had a dog Piti (the name on the bags of blood) and even some statements of its lawyers.”
Always the dogs ;-)
The arbritration proceedings pretty much start-over – de nuovo I think is the correct latin-legal term for it. So, they examine the evidence, not just the decisions of the previous courts.
Heh, it’s really hard to remember the dog’s names. Maybe the UCI should require dog licenses.
The hearings must end on Thursday, not the decision. No idea where I got that notion. They do have 30 days from the end of the hearings.
Or their marmots.
Albertina, please don’t dope—you could get Signor Pozzato into a lot of trouble.
I will be a different rider in 2010, one who wins races.--Linus Gerdemann
His name is Pippo, and he went to the Tour with her.
If you’re lucky, she’ll come by and post a picture.
I will be a different rider in 2010, one who wins races.--Linus Gerdemann
Press release from TAS/CAS
A final decision in this matter is not expected before March 2010.
Staring at the swim team gets you killed by a gang of dancing ninja men who know how to twirl.
Pending other pointless delays, I guess
wasn’t a lot of the delay at CAS because the UCI and WADA wanted to join in. Then in the very first hour of the very first day they rule that they are just examining the CONI ban, UCI and WADA have to make their own decisions.
A couple of other interesting snippets
from today’s report in Gazzetta. Judge Serrano may have been keeping the blood bags to himself, but when the Italians asked for all the paperwork and other documentation in order to prosecute Basso they received about 6,000 pages of odds and ends which the Spaniards clearly hadn’t bothered to fully document and classify themselves. Among those was a “targhetta” (which I to be some sort of hotel brochure or other stationery substitute) from a certain hotel Silken which Fuentes had covered in assorted notes about various athletes (unnamed for now) including the name of Valverde in its full, uncoded, version. Whoops, times two. Maybe the hotel didn’t let in dogs.
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