Case to be held on August 22nd, could be crucial if controversial new rule change is not passed
Although the actions of the Malaysian federation to try to change the UCI Constitution could potentially hand current president Pat McQuaid an alternative route to re-election, what could be a decisive legal hearing will be held in three and a half weeks in Switzerland.
A date has now been set for a Swiss arbitration tribunal to hear a case taken by three Swiss Cycling members against the federation’s endorsement of McQuaid on May 13th.
Former Swiss national coach Kurt Buergi, former Swiss Cycling board member Mattia Galli and the ex-pro Patrick Calcagni will have their main hearing in Zurich on August 22nd.
Before then, they will file their full statement of claim by Tuesday August 6th. Swiss Cycling will file its defence on by Friday August 16th. Six days later, on the 22nd, McQuaid will be called to testify in the full meeting.
“Swiss Cycling’s member, Kurt Buergi and colleagues Mathias Galli and Patrick Calcagni are pursuing a challenge to the Federation’s endorsement of Mr. McQuaid during its meeting on May 13th, 2013 on the basis that the endorsement was unconstitutional and made without proper authority,” states the Skins company, which is providing financial support for the action.
It also states that Buergi, Galli and Calcagni feel that the meeting which led to Swiss Cycling’s announcement of support was irregular on several grounds, including that of conflict of interest.
Skins explained why it is willing to provide support to the trio. “The amount of arbitration fees required to enable the claimants to pursue their pursuit of justice are substantial and are beyond the financial capacity of the individuals concerned.”
It said that it would provide financial support to cover the arbitration fees plus also the fees of the legal support they have got.
Skins dismissed the decision of Swiss Cycling to nominate McQuaid, saying it was essentially an attempt by him to “circumvent the fact that Cycling Ireland, his own national federation, has democratically decided not to present him again for re-election.”
On Monday VeloNation learned that the Malaysian federation had proposed an amendment to Article 51 of the UCI constitution which, if it is passed, would appear to boost the chances of current president McQuaid being elected once again.
Despite a current rule being in place which states that the presidential candidates must be nominated by their national federations, the Malaysian federation’s amendment proposed that candidates should instead be able to be backed by any two federations.
In tandem with that, the Moroccan and Thai federations have said that McQuaid is now a member, and has their support.
The proposed amendment to Article 51 must be supported by a two thirds majority at the UCI Congress in September.
The Malaysian proposal has been criticised by both Cookson’s campaign and also Fuller.
For more on that, see here: Malaysian federation proposes unprecedented rule change which could assist McQuaid overcome hurdle to re-election