Roberto Heras Refutes 2 Year Ban, Appeal Imminent
"I will continue to look forward and will appeal at the appropriate authorities
to prove my innocence."
"We need to study the decision carefully to see where we will take the appeal,"
The Heras Timeline, Vuelta 2005 G.C., Sex Lies and Video Tape.
Roberto Heras was banned for two years after testing positive for EPO and was
stripped of his win at the 2005 Vuelta. The decision in itself declares Denis
Menchov the winner; Carlos Sastre 2nd, and Francisco Mancebo 3rd.
The decision was announced by the Spanish Cycling Federation last nite.
Heras claims innocence in face of the charges and decision and plans on
contesting the decision.
Heras: "I will continue to look forward and will appeal at the appropriate
authorities to prove my innocence. I would also like to say that I will continue
to cycle calmly and with enthusiasm, even though I can't compete in competitions
and big tours."
Appeal
Jose Maria Buxeda said the Spanish rider had received notification of the
sanction from the Spanish Cycling Federation (RFEC) on Wednesday and would now
decide whether to launch a legal appeal in Spain or take the case to the
Lausanne-based Court of Arbitration for Sport.
"We need to study the decision carefully to see where we will take the appeal,"
Buxeda was quoted as saying by Spanish daily El Pais. "If we take the case to
the Court of Arbitration for Sport it will take at least five months for a
resolution."
Heras' lawyer emphasized the importance of where to appeal: "We will have to
think about where to appeal. If we go to the TAS in Lausanne (Switzerland), we
would have to wait at least five months for the verdict."
Roberto Heras Comments
Heras stated, "I cannot accept that my name, my dignity and that of all my
family should be marred," he told the Europa Press news agency Thursday.
The positive test came when Heras won the penultimate stage of the 2005 Vuelta,
his second stage victory on the way to what would have been his record fourth
victory. A team suspension followed in November 7th after it was reported to the
UCI. (Links to the timeline below)
In further comments Heras stated, "I never doped myself, I didn't do it during
the Vuelta nor at any other time," Heras said after his second test was
positive. "I've always won cleanly. I can't allow all my sacrifices to be
trampled due to an error. I have to take the result on board, but I question
it."
"I regret that none of the arguments that we put forward was analyzed with due
technical and judicial depth," Heras said. Roberto also commented that he
favored a zero tolerance for doping in sports.
"As everyone can imagine, it's one of the most difficult days of my career, this
and the day when they told me I tested positive," he said. "But I don't want to
forget the importance cycling has had for me since I started at 14."
This decision is a effectively a "career ender" for the 32 year old rider who
once played the role of faithful domestique in the mountains for Lance
Armstrong's while he rode on the US Postal Team.
The ban as applied to the Pro Tour Teams would only make it possible for Roberto
Heras to ride for a UCI Continental Team after serving his two year ban.
Time has no mercy:
Sadly the machinations of appeal for this and other doping cases can drag on
depriving a rider of swift justice in the prime of his career when any time lost
can not be regained. There is no sign that CAS, the UCI or WADA will move
forward to increase the efficiency/efficacy of the hearing process to shorten
the time.
Tests Controversy and Innocence
Questions still surround the validation of the EPO test after reversals of
decisions in the last year.
A decision still is waiting after a recent appeal by Tyler Hamilton who was
banned in a decision on
April 18th
2005, effectively putting Hamilton's career on hold at this point almost one
year going through the appeals process with Court of Arbitration for Sports (CAS)
Hamilton also
protested his innocence and challenged the test procedures and their
accuracy in his statements after the ban was announced. Heras and Hamilton are
not alone in their statements of innocence in this regard and questioning tests
used in the past for validity, accuracy or procedure.
Add to the list the most tested athlete in history, Lance Armstrong who was
accused by a L'equipe writer of 6 year old blood samples from 1999 having tested
positive in 2005. An investigation of which instigated
by the UCI
has not at this time come to light.
"As we announced on Monday, August 29, 2005, the Union Cycliste Internationale
(“UCI”) is undertaking an investigation into the recent press reports from
France. The article published by the French newspaper L’Equipe concerned testing
apparently conducted by a French laboratory of urine samples from the 1999 Tour
de France. Our initial investigation has identified a great many issues and we
are in the process of gathering the information we need. The UCI is currently
unable to express any judgement on these cases, as it does not have sufficient
information."
Sex, Lies and Videotape
Each of these accusations led to a firestorm of opinions in Cycling Forums
and Tabloids around the world either claiming innocence or certainty of guilt,
as is often the case, without any fair hearing of the accusations or a full
review of the validity or correctness of the investigation or tests conducted.
One could at this point make many comments on the nature of scandals, tabloid
journalism, human nature and it's propensity for believing rumors, or the
fickleness of the fans or Justice. If history can give us any guidance it should
be that the pursuit of truth is neither served by the hyperbole of a
tabloid press nor the certainty of every rumor having a basis in fact. Nor is
the truth held by the strength of those with the loudest voices or the highest
position, no matter their strident appeal. I can only opine that sports fans,
Cycling, and competitors deserve improved and swifter resolution to these
questions without bias and pre-cognition or predetermination of the final
official outcome. VT
The Time Line:
11/07/2005
Heras Tests Positive in Vuelta Liberty Seguros/Wurth Suspension
11/23/2005
Heras B-Sample Test Controversy
11/25/2005
Roberto Heras' Contra-Analysis Positive for EPO - Updated
UCI Statement
on 11/28/2005
Other items of interest:
Interview
with Doping Hunter Professor Frank Delbeke
Reflections on
Dick Pound
One of the brighter items to
come out of this debate was the novel "The Tour" by Dave Shields that examines
the toll on the peloton of Doping and the accusations that swirl around the
Sport.
Book Review :
"The Tour" By Marty Jemison Retired Pro Rider.
Debate or discuss this and
other cycling items on the Daily Peloton Forums.

The New/Corrected 2005 Vuelta Espana G.C.
1 Menchov, Denis Rus Rab 82:27:31
2 Sastre, Carlos Esp Csc a :17
3 Mancebo, Francisco Esp Iba a :21
4 Garcia Quesada, Carlos Esp Ecv a 4:06
5 Plaza, Ruben Esp Ecv a
6 Sevilla, Oscar Esp Tmo a
7 Danielson, Tom Usa Dsc
8 Ardila, Mauricio Col Dvl
9 Mercado, Juan Miguel Esp Qst
10 Sanchez, Samuel Esp Eus

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