Prosecution lawyers working for World Anti-Doping Agency (WADA) nearly walked out of the CAS hearing reports AP. At least one key witness for the prosecution was not allowed to testify and one of the judges has ties to Spain, Contador’s homeland. WADA’s legal team is joined by lawyers from the UCI in trying to impose a ban on Contador and strip him of the 2010 TdF yellow jersey.
Contador, a three-time TdF winner (2007, 2009, 2010), tested positive for minute quantities of clenbuterol, a banned substance, but he and his entourage insist that this was caused by unintentional ingestion of contaminated beef. Clenbuterol is a decongestant and bronchodilator typically prescribed for asthmatics. The Spanish Cycling Federation (RFEC) originally proposed a one-year ban for Contador (doping offences typically draw a two-year ban) but then eventually cleared him of all charges, agreeing with the 29-year-old nicknamed “El Pistolero” that the ingestion of clenbuterol was unintentional and probably without consequence to his performance. This prompted the current appeal by WADA and the UCI before the CAS.
CAS panel chairman Efraim Barak prevented Australian doping expert Michael Ashenden from giving testimony at one point during the hearing. His testimony would have been crucial in establishing the prosecution hypothesis on how and when Contador could have doped. This hypothesis is believed to be that Contador had a blood transfusion on July 20 which perhaps was stored in a plastic pouch, followed the next day by an injection of blood plasma contaminated with clenbuterol.
Barak, an Israeli lawyer, is also known to have twice visited Spain, Contador’s homeland, in the months just prior to the hearing. This is raising questions about Barak’s impartiality in the case. Such allegations have not been levelled against the other two judges on the panel: Geneva-based lawyer Quentin Byrne-Sutton and German law professor Ulrich Haas.
Meanwhile – outside the courtroom – RadioShack-Nissan-Trek founder Flavio Becca is raising questions about why Contador’s team held its winter training camp in Israel. He noted that there is an Israeli judge on the commission and called this coincidence “a bad start.” He also noted further that the team had a reception by the Israeli government while there. Contador, incidentally, won the December 6 Tour of Jerusalem.
Today the UCI issued a release condemning the publication of information concerning the Contador hearing before the Court of Arbitration for Sport (CAS).
The UCI formally declares that none of its representatives have been involved in any way in this action which it deems incompatible with the good order of court proceedings.
The UCI confirms that it will continue to respect due confidentiality and the legal rights of all parties. Further the UCI reiterates its confidence in the integrity and independence of the Court of Arbitration for Sport and all the members of the panel.
The case of Alberto Contador is now in the hands of the CAS Panel. The UCI calls upon the sporting community to await the result of the deliberations of the panel with serenity and due respect for the judicial process.
All of this seems to provide fodder for a possible appeal to the Swiss Federal Tribunal, Switzerland’s supreme court. Stay tuned to Pedal for continuing news on this story….
Read ESPN article HERE.