Heras wins 2005 Vuelta, Thanks to Spanish Court
by Derek Ortt on Jun 24, 2011 10:59 AM EDT
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It seems as if a civil court in Spain has stripped Menchov of the 2005 Vuelta and given it back to Heras. The reason was that Heras' doping sample was not stored properly, according to Cyclingnews.
I wonder how this could affect the Contador case. Would Spanish law even allow a CAS suspension? How will this affect future doping cases? Will appeals be held by civil courts, or with athletes keep going to CAS? As was the case with Keisse earlier this year, the UCI does have to follow civil court decisions. This may take much of the power away from CAS.
Update from Gav: The original story is at the Spanish site, Marca. And seriously, like wha? Roberto, who? I don't even know what. Are we ever going to know who won which race? No Gav, no we're not.
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lets say I am stunned at this decision
And also wondering why it took so long? Now if CAS rules against Contador, we will need to wait another 4 years to know who won last year’s TDF…
Hoo boy.
I’ll need Contador’s compact, a Y chromosome & nutella--Bridie O'Donnell, on what it's going to take to get through Stage 3 of the Giro Donne
And in other news..
Pascal Simon’s dope positive from the 1983 Dauphine has also been overturned in court, Greg Lemond has now been retroactively demoted to 2nd place, no word yet on how this will affect the points standings for the 1983 Super Prestige competition, still a chance for Kelly..
:)
Something I posted in 2008 seems even more relevant now…
I’ll need Contador’s compact, a Y chromosome & nutella--Bridie O'Donnell, on what it's going to take to get through Stage 3 of the Giro Donne
Nice work majope
I’m impressed and a little frightened by PdC’s archive! Ted are you sure I can’t edit comments?!!! Maybe there could be an extra button just for stupid comments – or maybe for beginners, like P plates. Jeez, even dopers get two strikes!
Sorry, no comment edit function :(
Trust me, I wish there was!
by Jen See on Jun 24, 2011 2:10 PM EDT via mobile up reply actions
2017 may be too soon
That’s only when sporting justice ends.
We then have to wait for the endless civil court trials and appeals to be finished. Maybe by 2030 we will know who won
Is the Iljo Keisse case relevant?
Some Belgian court cleared him, and UCI said “lol wut, no he’s banned!”
Badger, badger, badger, badger, badger, badger...
Probably is relevant
but won’t this case also have been heard on the old Spanish rules i.e. the ones that let off all the Puerto guys.
kind of
UCI said the Keisse ruling only applied to Belgium. However, given that la Vuelta is in Spain and if the decision is restricted to Spain, Heras still wins
I guess a Spanish court figures it can mess with the Vuelta
since it is run in Spain and I asume has a Spanish organising company and records. I am not so sure that would work for anything in another country – but the European sovereignty is getting a bit messy these days… Has Belgium got a government yet?
Maybe the UCI should formally declare the final placings
and take that right away from the organisers – that way, they will have to sue in Switzerland to mess with things. NOT that I like giving any more power to the UCI!
Has Belgium got a government yet?
No way. It’s summer now. Everyone knows you can’t make governments in summer.
That Giro was almost totally in Spain, except Andorra.
Not sure if Andorra could or would contest the ruling. Anyone want to read their constitution to figure out their degree of autonomy in these matters?
"BECAUSE THERE’S NO F*CKING SPRINTS." -Cavendish (asterisk added)
How many more years before all the appeals are heard???
And who will appeal against who and in what country? The possibilities are endless!
Correct me if wrong:
But wouldn’t the improper handling described make a sample less likely to retain epo traces?
by R Mc on Jun 24, 2011 1:10 PM EDT via mobile reply actions
not sure
But I wonder why other athletes do not go the same route, going to the civil courts. CAS has tended to let technicalities slide through the years. Maybe there is a better chance of getting off on a technicality via civil courts
I suspect it is something to do with the organiser
of the event being a Spanish company with deep pockets and large amounts of filthy lucre for prize money. You might have noticed that law suits, especially long running ones, are generally all about the money. (I think this will apply to Lance too, when we finally get down to it.)
El Pais
adds a bit more on the legal ducking and diving so far, which (if gnomes at gt are to be believed) doesn’t seem to impress El Pais too much.
In other news the RFEC are said to be outraged at the decision.
yes, 2001-2003. won the 2003 vuelta while riding for postal before going to liberty, breaking his contract in the process.
"Wizard's first rule. People are stupid. They will believe anything they want to be true or fear to be true." -- Terry Goodkind
Not understanding the argument
in the decision, but not an expert on Spanish law.
To be in the IOC or other wolrd governing athletic bodies, are countries required to enact enabling legislation? Maybe there should be that requirement.
Pretty sure
that happens as part of the regular funding appropriations for national sporting bodies.
REFC appealing to higher Spanish Court
http://sports.espn.go.com/oly/cycling/news/story?id=6700794
maybe this will be settled in 15 years, once it makes its way through the European courts
Hooray! Hopefully they get an order to suspend the judgement while we wait...
So Menchov is still champ for a bit longer. I’m hoping the court has incorrectly applied rules for chain of custody in criminal investigations…but I haven’t even read the gnomes version so I have no idea.
Heras champ for now
An appeal has been filed, but the lower court decision stands until a stay of that order is given, or the case has been overturned. At least that is what happens here in the USA as we learned from the NFL lockout
In other news
This guy has lost the first UK Time Trial, because we’ve just decided he was off his tits on opiates. Shame. I believed in him.
Curses
That was a good visual gag. Y’know, if I had any technical ability
by EdredonBrowny on Jun 25, 2011 3:15 AM EDT up reply actions
Alas
You used the address of the page and what you need is the direct link to the image. It’s on the image page in the Share box on the right: http://i1113.photobucket.com/albums/k505/EdredonBrowny/penny-farthing.jpg
Then put the direct link between exclamation marks to embed the image in a comment (or use the little tree icon)
"On paper, your team is awesome." -- Pigeons on my WVDS team, and life in general.
The law is the law
Who really gave him his title back? The courts? Mmm, not sure I buy that argument. I’d be more inclined to believe that it is those who were sloppy while handling the samples. We may not like it but the law is the law….
Some people are born to be spectators, some people are born to make a spectacle and some are born to be mere fans.
i consider Gav the winner of that race.
"Ants don’t worry, they operate like a fantastic team, they accept obstacles and deal with them in a positive manner, they don’t complain and remain positive. An ant doesn’t work on emotion, is proactive and always chooses the ant role."
REFC has appealed to Spanish Supreme Court
http://www.cyclingnews.com/news/spanish-federation-to-appeal-heras-verdict
We now may have to wait another 3-4 years before knowing whether Menchov or Heras will finally be awarded the win. Of course, there could then be an appeal by Pat and friends to the European Courts
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