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What if they're innocent?

Started by C.H. Luu · · Last activity · 18 posts · 376 views

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Road Cycling
Published
1 July 2006
Last activity
5 July 2006
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C.H. Luu
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  1. Hi Guys:

    What happens if a ride is barred from participating a race and is later
    exhonerated? Does the rider have any recourse or the entity that
    accused him?

    Thanks,
    Claude

  2. Unfortunately, I think the best they can do is sue the race organizers
    after the fact.

    The problem is once accused, you're never really exonerated..

    This feels like another McCarthy era..

    C.H. Luu said:

    Hi Guys:

    What happens if a ride is barred from participating a race and is later
    exhonerated? Does the rider have any recourse or the entity that
    accused him?

    Thanks,
    Claude

  3. "C.H. Luu" <[email hidden]> a écrit dans le message de news:
    [email hidden]...
    | Hi Guys:
    |
    | What happens if a ride is barred from participating a race and is later
    | exhonerated? Does the rider have any recourse or the entity that
    | accused him?

    Not really. Riders do not have a "right" to participate in any event. They
    are there by invitation.

    Ask Danilo DiLuca he was excluded from the tour because his name came up in
    an investigation.

  4. Quoted message said:

    Not really. Riders do not have a "right" to participate in any event. They
    are there by invitation.

    I thought teams were invited?

    But still, the individual's rights have been infringed by supposition and
    innuendo. If it is proven false, surely libel laws come into effect as the
    UCI / ASO/ l'Equipe etc. have published their names as having been involved
    in a drug ring.

    This libel has led to their being banned from a sporting event at which
    Ulrich as favorite stood to win 400.000 euro. Surely they have recourse to
    the law, even if only to force ASO / UCI to follow standard laws and
    presumptions i.e innocent till PROVEN guilty.

    Jean

  5. C.H. Luu said:

    Hi Guys:

    What happens if a ride is barred from participating a race and is later
    exhonerated? Does the rider have any recourse or the entity that
    accused him?

    Thanks,
    Claude

    Wasn't this a decision by the teams themselves? If so, I doubt it.

  6. news.absamail.co.za says...

    Quoted message said:

    I thought teams were invited?

    But still, the individual's rights have been infringed by supposition and
    innuendo. If it is proven false, surely libel laws come into effect as the
    UCI / ASO/ l'Equipe etc. have published their names as having been involved
    in a drug ring.

    This libel has led to their being banned from a sporting event at which
    Ulrich as favorite stood to win 400.000 euro. Surely they have recourse to
    the law, even if only to force ASO / UCI to follow standard laws and
    presumptions i.e innocent till PROVEN guilty.

    But from everything I have heard is that it is the teams who are pulling
    their riders, not the race organizers. Even the Astana team pulled
    itself from the race in the end. I doubt that Ulrich and Basso will sue
    their own teams.

  7. C.H. Luu said:

    What happens if a ride is barred from participating a race and is later
    exhonerated? Does the rider have any recourse or the entity that
    accused him?

    Once the ban is lifted, they can start racing and make their point by
    winning them with a vengeance. As simple as that.

    MJ;

  8. Quoted message said:

    But from everything I have heard is that it is the teams who are pulling
    their riders, not the race organizers. Even the Astana team pulled
    itself from the race in the end. I doubt that Ulrich and Basso will sue
    their own teams.

    If I was innocent, I would trash them, they took it upon themselves to end
    my career, y'all going with me, including the stupid system that presumes
    guilt and does not allow me to defend myself. Hell being found guilty 'cos
    a name the same as my dog is on the back of a business card, that puppy
    would not stand up in any court and the WADA / UCI / ASO know it that is why
    there is no arbitration available, only months later when it is too late.
    Heck ASO didn't even respect court decisions.

    Jean - feeling particularly vindictive today.

  9. In article <[email hidden]>, Barnard

    Frederick said:

    news.absamail.co.za says...

    Quoted message said:

    I thought teams were invited?

    But still, the individual's rights have been infringed by supposition and
    innuendo. If it is proven false, surely libel laws come into effect as the
    UCI / ASO/ l'Equipe etc. have published their names as having been involved
    in a drug ring.

    This libel has led to their being banned from a sporting event at which
    Ulrich as favorite stood to win 400.000 euro. Surely they have recourse to
    the law, even if only to force ASO / UCI to follow standard laws and
    presumptions i.e innocent till PROVEN guilty.

    But from everything I have heard is that it is the teams who are pulling
    their riders, not the race organizers. Even the Astana team pulled
    itself from the race in the end. I doubt that Ulrich and Basso will sue
    their own teams.

    The teams are complying with the protocol they ALL endorsed prior to
    participating.

    [From:http://www.velonews.com/tour2006/news/articles/10184.0.html]
    <quote>
    "The directors unanimously decided to uphold the code of ethics that
    was signed by all teams on January 1, 2005 which stated that no team
    would allow a rider to compete while under investigation in any doping
    affair."
    </quote>

    I suspect there are contingencies in the cyclists' contracts that
    preclude them from holding the teams liable in such cases. And don't
    expect the riders to be recompensed by the Guardia Civil should its
    investigation prove to be poorly conducted.

    Luke

  10. Quoted message said:

    The problem is once accused, you're never really exonerated..

    This feels like another McCarthy era..

    True, but unlike the McCarthy era, the riders continue to be paid their
    salaries during the investigations. Not their bonuses for what they might
    have accomplished, of course, but it's not quite as if they're thrown out on
    the streets. Plus, they knew what they were signing up for when they took
    the job. And finally, so far there have been darned few accused who later
    appeared to be innocent.

    It is most definitely a different way of looking at "justice" than we're
    used to though.

    --Mike Jacoubowsky
    Chain Reaction Bicycles
    www.ChainReaction.com
    Redwood City & Los Altos, CA USA

    "shane" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    Unfortunately, I think the best they can do is sue the race organizers
    after the fact.

    The problem is once accused, you're never really exonerated..

    This feels like another McCarthy era..

    C.H. Luu said:

    Hi Guys:

    What happens if a ride is barred from participating a race and is later
    exhonerated? Does the rider have any recourse or the entity that
    accused him?

    Thanks,
    Claude


  11. news.absamail.co.za said:
    Quoted message said:

    But from everything I have heard is that it is the teams who are pulling
    their riders, not the race organizers. Even the Astana team pulled
    itself from the race in the end. I doubt that Ulrich and Basso will sue
    their own teams.

    If I was innocent, I would trash them, they took it upon themselves to end
    my career, y'all going with me, including the stupid system that presumes
    guilt and does not allow me to defend myself. Hell being found guilty 'cos
    a name the same as my dog is on the back of a business card, that puppy
    would not stand up in any court [...]

    Maybe if you offered him a dog biscuit?

    Mark

  12. In article <[email hidden]>,

    Mark said:
    news.absamail.co.za said:
    Quoted message said:

    But from everything I have heard is that it is the teams who are pulling
    their riders, not the race organizers. Even the Astana team pulled
    itself from the race in the end. I doubt that Ulrich and Basso will sue
    their own teams.

    If I was innocent, I would trash them, they took it upon themselves to end
    my career, y'all going with me, including the stupid system that presumes
    guilt and does not allow me to defend myself. Hell being found guilty 'cos
    a name the same as my dog is on the back of a business card, that puppy
    would not stand up in any court [...]

    Maybe if you offered him a dog biscuit?

    Mark

    I believe the standard test is to get the rider to swear on the life of
    his dog.

    If the dog dies, the rider is guilty,

    --
    Ryan Cousineau [email hidden] http://www.wiredcola.com/
    "I don't want kids who are thinking about going into mathematics
    to think that they have to take drugs to succeed." -Paul Erdos

  13. "Mike Jacoubowsky" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:


    It is most definitely a different way of looking at "justice" than we're
    used to though.

    You might call it Lafferty Justice.

  14. In article <[email hidden]>,
    [email hidden] says...

    Quoted message said:

    Hi Guys:

    What happens if a ride is barred from participating a race and is later
    exhonerated? Does the rider have any recourse or the entity that
    accused him?

    They will say 'oops. Sorry. You can race next year.'.
    ----------------
    Alex

  15. In article <[email hidden]>,
    [email hidden] says...

    Quoted message said:

    Wasn't this a decision by the teams themselves?

    Yes, it was a team decision. But ASO put pressure on them to make that
    decision. You can be sure that without the ASO pressure, they would have
    made different decisions.
    -------------
    Alex

  16. Mikko J Virtanen said:
    C.H. Luu said:

    What happens if a ride is barred from participating a race and is later
    exhonerated? Does the rider have any recourse or the entity that
    accused him?

    Once the ban is lifted, they can start racing and make their point by
    winning them with a vengeance. As simple as that.

    MJ;

    "As simple as that?" They won't be allowed to race in THIS TdF, and
    there is no possible compensation for such a penalty.

    And not as simple as that for, say, Vinokourov, who is not even accused
    of an ethical violation but is nowhere to be found.

    The complicated part of the situation to me is, who and what benefits
    from these expulsions? The sponsors? The UCI? ASO? WADA? Certainly
    not the riders, who must be rethinking whether a union with concerns
    for individual rights and due process can be a worthwhile organization.
    Counting on the cycling groups to protect the riders, or "cycling"
    itself, in any way is to lean on a very shaky reed.

    Wayne

  17. in message <[email hidden]>, Wayne

    (') said:

    The complicated part of the situation to me is, who and what benefits
    from these expulsions?  The sponsors?  The UCI?  ASO?  WADA? Â

    Seriously, the betting industry benefits from these expulsions. A lot of
    people had cumulatively bet a lot of money on Basso or Ullrich or
    Vinokourov or Mancebo winning the Tour. Definitely enough to make it
    worth faking evidence. Not that I'm saying the evidence /is/ faked, but
    it's a plausible explanation.

    These straws are getting more tenuous as the days go on, I admit.

    --
    [email hidden] (Simon Brooke) http://www.jasmine.org.uk/~simon/

    ;; when in the [censored], the wise man plants courgettes

  18. Wayne said:

    And not as simple as that for, say, Vinokourov, who is not even accused
    of an ethical violation but is nowhere to be found.

    Well, it's like that penalty shot given to Italy against Australia
    that decided the match. No foul was committed. Only compensation the
    Australians are ever going to get is the fact that that particular
    referee will not be used in matches of that importance any more.

    Vino will probably be able to utilize his misfortune while seeking new
    sponsors for his new team.

    MJ;

    --
    ..signature necesse est

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