Chuffy
Veteran
- Location
- On the banks of the Exe
No, just a slap.
Armstrong charged and banned
- Thread starter yello
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Chuffy
Veteran
- Location
- On the banks of the Exe
Race Radio @TheRaceRadio
Nice to see that Judge Sparks says Lance will have to pay USADA's legal bills and court costs
Nice to see that Judge Sparks says Lance will have to pay USADA's legal bills and court costs
I would think that's the least of his worries just now.Race Radio @TheRaceRadio
Nice to see that Judge Sparks says Lance will have to pay USADA's legal bills and court costs
Flying_Monkey
Recyclist
- Location
- Odawa
Yep, he's going to be facing much higher costs in the not too distant future, and not just financial ones.
If anyone's interested, Spark's decision in full
http://www.scribd.com/doc/103348811/Sparks-Decision
Just reading through it and I had to laugh (and post), Sparks described USADA's charging letter as "woeful"
... to the point that he could have been inclined to halt the USADA process. But he acknowledges there'd be little practical point; USADA would issue a more detailed one and it'd be all go again (lawyers' pockets being the only beneficiaries!) and, more importantly, Armstrong will have the opportunity to see the full evidence against him, and cross examine, as a part of the USADA due process.
http://www.scribd.com/doc/103348811/Sparks-Decision
Just reading through it and I had to laugh (and post), Sparks described USADA's charging letter as "woeful"
... to the point that he could have been inclined to halt the USADA process. But he acknowledges there'd be little practical point; USADA would issue a more detailed one and it'd be all go again (lawyers' pockets being the only beneficiaries!) and, more importantly, Armstrong will have the opportunity to see the full evidence against him, and cross examine, as a part of the USADA due process.
Chuffy
Veteran
- Location
- On the banks of the Exe
Oh yes, but I have a low amusement threshold when it comes to watching Lance taking custard pies.
The judges decision was quite informative (I think so anyway) in laying on the 'international hierarchy' as it calls it. Basically, the olympic movement is top of this tree and they have empowered WADA to control drug testing and results management. That is performed at national level by the various national agencies, like USADA. In short, WADA out rank UCI and any other international sports federation in the matters pertaining to doping. That's why UCI's complaints, and equally those half hearted ones of US Cycling, fell on deaf ears.
If anyone's interested, Spark's decision in full
http://www.scribd.com/doc/103348811/Sparks-Decision
Just reading through it and I had to laugh (and post), Sparks described USADA's charging letter as "woeful"
There are two interesting conclusions though. First the Sparks said he had severe doubts about the motives of USADA in bringing the case (footnote 19 on p4) and second, Armstrong has won assurances that he will have full access to the evidence against him to prepare his case and the Court will intervene against USADA if he does not get it (footnote 26 on p19). He has also left it open for Armstrong to come back to Court if the arbitrators show any signs of bias against him (footnote 27 on p19) It seems therefore that while pragmatically dismissing the case Sparks has whipped the secrecy cloak away from USADA and Armstrong has won some important points about process.
Could you please justify that statement? Sparks has required USADA to do absolutely nothing. Further, he is satisfied that the USADA arbitration offers Armstrong all due process. He voiced concerns but saw no justifiable reason to interfere.
I forget, what specifically did you point out that turned out to be relevant?
just jim
Guest
Something about amphetamines wasn't it?
"Second, and more important, USADA's counsel represented to the Court that Armstrong will, in fact, receive detailed disclosures regarding USADA's claims against him at a time reasonably before arbitration, in accordance with routine procedure. The Court takes counsel at his word. [26]
[26]The Court does not rely solely on counsel's assurances, however. The Supplementary Procedures to the USADA Protocol contain two provisions which suggest Armstrong is likely to receive adequate notice of the specific allegations and evidence against him prior to any substantive hearing. First, Rule R- 17 allows a party to request a preliminary hearing, during which "the parties and the arbitrator should discuss the future conduct of the case, including clarification of the issues and claims, a schedule for the hearings and any other preliminary matters." Id. at 88. Second, Rule R- 18, governing the exchange of information between the parties, not only requires the parties to exchange all exhibits they intend to submit at the merits hearing five days in advance, but also allows the arbitrators to order "production of documents and other information," including lists of anticipated witnesses.
If it should come to pass that Armstrong does not actually receive adequate notice sufficiently in advance of the arbitration hearing, and it is brought to this Court's attention in an appropriate manner, USADA is unlikely to appreciate the result."
Previously USADAs stance has been that they can't release the evidence because he might intimidate the witnesses. Now they have to provide it or risk being back in front of Sparks.- Status
