No merging of cases in appeal against RFEC Clenbuterol decision
Although a statement by CAS today said that the same three experts would form the panel for Alberto Contador’s hearing, it has emerged that the rider still faces separate appeals from WADA and the UCI.
Both WADA and CAS have confirmed to VeloNation that there has been no move to combine the two, as had been the case with Alejandro Valverde. “The appeals are handled jointly but are not ‘merged’,” said CAS Secretary General Matthieu Reeb today.
Both appeals will be held in front of Efraim Barak (Israel), president of the arbitration panel, plus Quentin Byrne-Sutton (Switzerland) and Ulrich Haas (Germany).
Byrne-Sutton has been selected by WADA and the UCI, while Haas is the choice of Contador’s legal team. In arbitration hearings, each side can select one member of the panel, with the president having what is essentially a deciding vote.
The UCI lodged its appeal prior to WADA’s own decision to contest the Spanish cycling federation’s decision to clear Contador of his positive test for Clenbuterol.
L’Equipe reported that it was likely to make alleged blood doping part of the case, but this was denied by the UCI. Its spokesman Enrico Carpani said that the governing body was examining the presence of Clenbuterol alone, rather than other issues.
The Spaniard has denied doping during his career, insisting that the Clenbuterol trace came from beef bought in the Basque town of Irun and consumed at the Tour de France. He has said that he is prepared to have his samples stored and retested at a future date.
It remains to be seen what WADA will present as part of its case. According to Reeb, having separate appeals means that it can present its own case in front of CAS. “WADA is free to propose arguments/evidence different from the UCI,” he confirmed.
This raises the possibility that it could introduce additional factors not covered by cycling’s governing body.
According to a timetable laid out today in the CAS statement, written proceedings in relation to the case should be concluded by the end of May. The hearings are scheduled for June, with the final outcome to be announced by the end of that month.
The UCI, WADA and Tour de France organisers ASO have made it clear that they would like a decision prior to the start of this year’s Tour. It begins at the Passage du Gois on July 2nd.