re: Armstrong Officially Stripped of Tour Titles

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USADA has 'no legal right' to strip Lance Armstrong

by: Peter Kogoy
From:The Australian
August 27, 201212:00AM

THE US Anti-Doping Agency has no jurisdiction or legal right to strip Lance Armstrong of his seven Tour de France titles, according to one of Australia's most senior officials.

Sydney's Phill Bates, a member of the international cycling union's arbitration tribunal, yesterday described USADA's actions against Armstrong as unenforceable and described the organisation's chief executive Travis Tygart as an "egomaniac publicity hunter".

"While Armstrong may have opted not to continue with his legal fight, USADA, a signatory to the WADA code, has no jurisdiction to punish or impose sanctions against any rider," Bates said.

"In addition, the Armstrong case also raises the legal issue of the meaning of article 17 of the WADA code, which imposes a limitation period of eight years for prosecuting doping cases.

"The article goes on to say that it also does not provide an agency's right to retest urine samples within a period of eight years from the date they were provided. The code says testing procedures require samples to be tested promptly.

"If USADA believes Armstrong has a case to answer, the ultimate judge should be the UCI, not a publicity-seeking chief executive hellbent on a witch-hunt to chop down the tallest poppy in our sport."

Former cycling superstar Miguel Indurain has also called on authorities to let Armstrong keep his seven Tour titles until any alleged drug charges are proven by "a single authority recognised by everyone in the sport".

Indurain, a five-time Tour winner, said: "Until an organisation recognised by all parties decides to the contrary, the Tour victories are his."

The Spaniard said there were too many national and international bodies with differing interests in the fight against doping. Indurain also called the US Anti-Doping Agency's case against Armstrong "strange", claiming its pursuit of the rider was "without foundation or scruples".

Bates said the rules relating to what powers a doping agency has were quite clear.

"USADA, or any other national anti-doping agency for that matter, is there to test for illicit drugs, nothing more, nothing less," he said.

"It has no legal right to strip an athlete of his race wins, Olympic medals or prizemoney.

"People will make up their own minds about Armstrong after he stopped his legal battle, but from where I sit Tygart's actions should be seen as nothing more than a witch-hunt.

"Everything I've read of the USADA case has been driven by Tygart and against Armstrong built on hearsay evidence provided by a small group of riders who rode with him more than 12 years ago, and some of whom are still competing today.

"If Tygart and USADA believe otherwise, then why not make public the agency's findings and have them tested before the appropriate court?"

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