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Alberto Contador banned for 2 years - but he'll be free to race in August this year

Court of Arbitration for Sport rejects tainted meat defence, but adds no proof Spaniard doped

Alberto Contador has been given a two-year ban by the Court of Arbitration for Sport (CAS) after it upheld the appeal by the UCI and the World Anti-Doping Agency (WADA) into his acquittal almost 12 months ago by the Spanish national federation, the RFEC, on charges following his positive test for clenbuterol in the 2010 Tour de France. The two-year ban has been backdated to 25 January 2011, the date the RFEC had initially proposed a one year ban. After the provisional suspension he served prior to that has been discounted, he will be free to race on 5 August this year, in time for the Vuelta.

It is understood that the Spaniard, who raced the 2010 Tour de France with Astana, has been stripped of that title, which should go to Andy Schleck, now with RadioShack-Nissan, but who rode that race with Contador's current team, Saxo Bank. Contador, who always maintained his positive test was due to his having eaten a contaminated steak, should also have had the 2011 Giro d'Italia title taken away from him, which now stands to be awarded to Lampre-ISD's Michele Scarponi.

Formally anouncing the decision more than an hour after the news had broken via the Spanish media, CAS said it had "partially upheld the appeals filed by WADA and the UCI and has found Alberto Contador guilty of a doping offence. As a consequence, Alberto Contador is sanctioned with a two-year period of ineligibility starting retroactively on 25 January 2011, minus the period of the provisional suspension served in 2010-2011 (5 months and 19 days). The suspension should therefore come to an end on 5 August 2012."

Initially, the RFEC had said that it was planning to ban Contador for a year, before subsequently acquitting him in February last year. Statements of support on his behalf by the then Spanish prime minister and leader of the opposition as well as other high-profile figures led to accusations that the RFEC had been pressurised into exonerating Contador.

The irony of course is that if Contador had been banned for 12 months a year ago, he would now be returning to the sport around about now.

In a statement, the UCI said: "In rejecting the defence argument, in particular that the presence of clenbuterol in Alberto Contador's urine sample came from the consumption of contaminated meat, today's ruling confirms the UCI's position.

"However," it added, "the UCI has not derived a sense of satisfaction from the CAS ruling, but rather welcomes the news as the end of a long-running affair that has been extremely painful for cycling.

UCI President Pat McQuaid commented: "This is a sad day for our sport. Some may think of it as a victory, but that is not at all the case. There are no winners when it comes to the issue of doping: every case, irrespective of its characteristics, is always a case too many."

Reacting to the news, Bike Pure, which campaigns for a drugs-free sport, said: "This is hollow victory for anti-doping campaigners, with Contador having raced mainly unaffected since he produced the positive test in July 2010. With several months away from racing it shall merely be a short break from racing for the Spaniard."

Andy Schleck, who had lost the maillot jaune to Contador as a result of his chain slipping two days before the drugs test that returned the fateful clenbuterol, and who now stands to be promoted to overall winner of the race in which he has finished second for the last three years, said: “There is no reason to be happy now. First of all I feel sad for Alberto. I always believed in his innocence. This is just a very sad day for cycling. The only positive news is that there is a verdict after 566 days of uncertainty. We can finally move on.”

He continued: “I trust that the CAS judges took all things into consideration after reading a 4,000 page file. If now I am declared overall winner of the 2010 Tour de France it will not make me happy. I battled with Contador in that race and I lost. My goal is to win the Tour de France in a sportive way, being the best of all competitors, not in court. If I succeed this year, I will consider it as my first Tour victory.

More to follow

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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56 comments

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Raleigh replied to Gkam84 | 12 years ago
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Gkam84 wrote:
Raleigh wrote:

Wander what A levels you need?

Its ok, if your "wandering" you'll be fine  4

But here are the 3 guys

Prof. Dr. Ulrich Haas Ph.D.

Quentin Byrne-Sutton - Member of the Geneva Bar, Doctorate in Private International Law (Ph.D.), J.D. in Swiss Law, Postgrad in development studies

Efraim Barak (LL.B.) Taught Labour Law, Director for an M.A. Degree in International Sports Law and Member of the Labour Law Committee of the Israel BAR , the Sport Law Committee of the Israel BAR (Chairman of Sub-Committee on Doping Matters).

So as long as you have some letters of the alphabet behind your name, you'll be fine

Mr Raleigh MoR.ccS (Member of Road.cc Site)  19

Ah, you forget, Mr Raleigh MoR.ccS, Nutritionist, Physiotherapist.

 19  19

Oh yeah, have you bought a resistance pool yet?

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arrieredupeleton | 12 years ago
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I've skim read the CAS decision and it seems that no-one proved anything at the Hearing; only that contamination of AC's blood with clenbuterol was very unlikely to be from a blood transfusion as it was from eating contaminated steak (veal). WAD/UCI's fallback argument based on other banned athletes' cases was that it came from contamination of AC's Astana-supplied legal food supplements. The panel don't explain why it was only AC who was caught by testing positive and completely ducked the issue regarding AC's blood values on 20/21st July which were anything but 'atypical'.

CAS also made it clear that they were bound to apply a two-year sanction and couldn't apply proportionality i.e. they'd have probably given him a year as RFEC original did.

So it seems the meat argument was a waste of time, CAS suspected he was transfusing but weren't brave enough or confident enough to follow it through, so they found him guilty but have given him a let off in terms of retrospective ban.

See you in August Bertie and get some better blood bags next time.

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cslattery | 12 years ago
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Can we get retrospective fantasy points for having Schleck at the time?  4

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cat1commuter | 12 years ago
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So Bertie gets to ride and earn money for most of his two year ban. Nice work REFC - always looking after your star riders.

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road slapper replied to cat1commuter | 12 years ago
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cat1commuter wrote:

So Bertie gets to ride and earn money for most of his two year ban. Nice work REFC - always looking after your star riders.

The UCI are trying to slap a EUR 2’485’000 fine on him also. Probably have to wait another year for the outcome on that...

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mike4.3 | 12 years ago
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The main question now is if William Hill owe me some money as I backed Menchov who's moved up from third to second??  3

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road slapper | 12 years ago
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This decision will make some people very happy, others sad. IMO he has only now been banned so that the organisations involved can 'save face'

See you in August Bertie...

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Simon_MacMichael | 12 years ago
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We've attached the full 98-page CAS decision as a PDF to the end of the article.

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andyp | 12 years ago
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well, it was the only way Shleck was going to win a TdF...

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La Brisa Fresca | 12 years ago
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Its on the Cas website, he can race again from Aug 2012.
So no threshold level for Clenbuterol then !!!! AND - 'No evidence he doped'
Punished by arcaic rules that need updating...............

At least Andy Schleck has got rid of his eternal second tag !!!! Or has he ??

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Stumps | 12 years ago
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I believe him when he said it wasn't deliberate. Even the great Sean Kelly said that the amount in his system would not have gained him any benefit, BUT, it is still a banned substance and he has to suffer the consequences.

Sad day for all involved and taking part in cycling  2

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LondonCalling replied to Stumps | 12 years ago
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I believed him, too. This is really sad, and to be stripped of the Tour de France title. And if the amount was not enough to gain him anything, this seems quite unfair.  2

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DanGot | 12 years ago
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Sad day, Bertie is one of my favourite cyclist and if he was doping his way to success then there is little out there for young kids to look up too in pro cyclying  2

Never mind my friends, keep cycling... it's a wonderful way to keep fit, meet new friends and enjoy the outdoors...

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Simon_MacMichael | 12 years ago
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There are other reports that the two-year ban starts 25 Jan 2011. We're still waiting for official confirmation from CAS.

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Bigfoz | 12 years ago
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The BBC is reporting his return as 6-Aug-2012. Surely if he's raced through his "ban" while appealing, his ban should start fresh now, and he be banned until Feb 2014?

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fxceltic replied to Bigfoz | 12 years ago
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Bigfoz wrote:

The BBC is reporting his return as 6-Aug-2012. Surely if he's raced through his "ban" while appealing, his ban should start fresh now, and he be banned until Feb 2014?

plus losing his "wins" in that period, exactly what I was saying.

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notfastenough | 12 years ago
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So between this and Lance, cycling will be back in the news for the wrong reasons. A few people have said to me recently that cycling is pointless because 'they're all doping'. Must be even more frustrating for the clean pro's.

If I suddenly had more time to spare and upped my training to competition-level, and got better and better, at which point would I deemed 'to be doping'? Pisses me off.

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andyp | 12 years ago
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So that the results gained whilst doping still stand? Bizarre concept.

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fxceltic replied to andyp | 12 years ago
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no, he should lose those as well, obviously

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fxceltic | 12 years ago
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biggest joke is that the ban is deemed to have begun from when he got caught. It should start from now as hes been stringing it out for as long as possible, so its his tough, IMO

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Lacticlegs replied to fxceltic | 12 years ago
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"biggest joke is that the ban is deemed to have begun from when he got caught. It should start from now as hes been stringing it out for as long as possible, so its his tough, IMO"

Damn right - the two years should start now! That's quite the defense otherwise - drag everything out for as long as possible then take a retrospective ban...he may lose the results but not his race form and fitness.

The guy should have been made to sit out of the sport for two years. Then see if he can come back. (Given the damage he's done I'd hope not.)

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andylul | 12 years ago
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** SLAPPED **

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Some Fella | 12 years ago
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Ouch!

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andyp | 12 years ago
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Should have borrowed Armstrong's legal team, Bertie.

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Marauder replied to andyp | 12 years ago
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Class Andy  4

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midgetdutts replied to andyp | 12 years ago
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My asthmatic son should be doing much better in races, he's taking a far greater dose than Contador!

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