UCI put Paul Kimmage case on hold

Paul Kimmage Defense Fund@18.00 BST 26th October 2012

The UCI, Pat McQuaid and Hein Verbruggen appear to have caved into growing pressure on the social networks, especially on Twitter, and are suspending the legal action against Paul Kimmage. 

Since the UCI press conference on Monday the fund has grown rapidly and currently stands at ¢83,411.50 from 2796 donors. 

From the UCI statement:

‘Finally, while continuing strongly to maintain the merits of UCI’s case, the Committee decided to seek to suspend the UCI legal action against journalist Paul Kimmage, pending the findings of the independent Commission. UCI President Pat McQuaid and Honorary President Hein Verbruggen who are individual parties to the case will similarly seek to put their cases on hold.’

Full UCI statement here ion Armstrong and independent review. 

Story on Velonation here.

Although the action hasn't been stopped entirely, it seems unlikely that it will ever now proceed. Given that Pat McQuaid insisted at Monday's press conference that the action would go ahead and repeated that on at least one radio interview this week, this is a big climbdown by McQuaid. 

Did the UCI's management committee tell McQuaid to stop being so stupid and pushed for the action to be suspended?  

Update: 27th October – statement from Cyclimas on the continuation of the Paul Kimmage Defense Fund. 

Pat McQuaid: has become the story & Kimmage case now a referendum on McQuaid's presidency

   

Showing amazing ineptitude, Pat McQuaid, 'president' of the UCI  has managed to make himself the story this week. Rather than starting to clear up the mess revealed by the USADA report, McQuaid has stirred up an EPO driven hornets' nest by calling Floyd Landis and Tyler Hamilton 'scumbags' for eventually telling the truth about their doping along with Armstrong's. Hardly presidential language!

At the UCI press conference on Monday McQuaid had the chance to provide a lead – a reassurance that UCI would be striving to make as sure as possible that doping would be eradicated as far as possible from the sport. McQuaid managed the easy part stripping Lance Armstrong of his Tour victories and accepting the USADA life ban. But that was as good as it got.

UCI will continue to take money from riders, who they are supposed to be policing, despite all the grief that Armstrong's donations to the UCI have caused. No chance of moving on by dropping the foolish and vengeful legal action against Paul Kimmage. It then transpired that the UCI's endorsement of the USADA report was much less ringing than MacQuaid present it to the world's press. This reinforcing the impression that the UCI would have preferred that USADA never assembled a case against Armstrong and that during the Armstrong's years the UCI turned a blind eye to what was going on. No wonder the USADA released their case against Armstrong to the world leaving the UCI little option but to accept its findings and verdict on Armstrong.          

Little wonder that there are now calls for McQuaid to stand down – firstly from Tyler Hamilton and then, much more credibly, from triple winner Greg Lemond.

Day by day the action against Paul Kimmage becomes a bigger and bigger PR disaster for McQuaid and Hein Verbruggen. The Kimmage defense fund, which was started on 20th September, has now reached $81,448.50 with donations from 2724 people all voting against McQuaid and Verbruggen. Perhaps predictably McQuaid has been shredded on twitter with his reputation now toast.
 
Time for McQuaid and Verbruggen to go. Whether they will is quite another matter. Chances are that, like Sapp Splatter, they will cling limpet-like to their posts devoid of any credibility. 

Views on McQuaid: here (Richard Williams-Guardian), Greg Lemond's open letter and comment here.     

UCI v USADA: Here 

Michael Ashenden: The curious tale of Armstrong's donations to the UCI.

Which clean riders might have won the Armstrong Tours– 1999-2005? 

26.10.12 am: Paul Kimmage Defense fund is now $82,651.50 from 2762 donors. Donate here.


26.10.12 pm: Paul Kimmage Defense fund is now $83126.50 from 2782 donors. Donate here.

UCI: accept USADA report – 'Armstrong has no place in cycling'

Pat McQuaid, president of UCI announces at press conference in Geneva:

'Lance Armstrong banned for life and stripped of his seven tour victories by UCI. Lance Armstrong has no place in cycling.'

The Tour de France organisers must be breathing a sigh of relief as details of the 100th Tour are due to be announced on Wednesday. The Tour de France organisers are now seeking the return of the prize money from Armstrong for the seven Tour victories. Christian Prudhomme, the director of le Tour, has reiterated that he wants there now to be no winner of the Tour between 1999 and 2005.   

UCI Management meeting on Friday to decide about prize money and address other aspects of the USADA report. 

Armstrong may well now find that The Sunday Times (libel action) and the insurance company who had to pay out for his Tour victories will now start legal actions against him. Plus possibility of trial for perjury in US leading to possible jail sentence. Armstrong could fall further.  

Following the UCI announcement, Oakley sunglasses have cut ties with Armstrong – sponsorship ends immediately. 

Although McQuaid rejects complicity by UCI, although he wasn't president then, what happens now to the court case against Paul Kimmage? 

Answer:
Will legal action continue against journalist Paul Kimmage? "The case against Kimmage is nothing to do with Usada and Armstrong," says McQuaid. "It's about a journalist who accused me and my predecessor of being corrupt. It's a straight defamation case." 

Will UCI now be returning all donations made by Armstrong? McQuaid says UCI will still accept donations from current riders – so this dreadful conflict of interest will continue. 

One positive result of McQuaid UCI press conference today is that it has helped to boost the Paul Kimmage defense fund to $64,551.54 from 2108 donors.* 

Update on total (18.00 BST): $65,257.54 from 2139 donors.

Cycle doping: UCI, Paul Kimmage + bigger than Armstrong

Cyclist fuelled on red wine@Pauillac

So the UCI is due to give its considered reaction on Monday (22nd October) to the USADA report on Lance Armstrong, which was published on Wednesday 10th October. Although it is only 10 days since the report was published, events have moved fast leaving the UCI behind. To be fair to the UCI they could hardly have given an instant reaction to the USADA report with its many appendices running to over a 1000 pages. If the UCI had instantly accepted the report they might well have left them open to legal action from Armstrong's lawyer for being over hasty. As it is the UCI are giving their response well within the statutory period of 21 days allowed – deadline 31st October.    

Unfortunately for the UCI events have moved on – Armstrong has lost many of his sponsors – Nike, Trek etc. only Oakley sunglasses remain on board. He has resigned as chairman of his charity Livestrong. Johan Bruyneel has been sacked as manager of RadioShack-Nissan, Matt White has stepped down as sports director of Orica-GreenEDGE and from Cycling Australia, while Levi Leipheimer  who admitted doping in his testimony to the USADA has been sacked by Omega-Pharma-QuickStep. On Friday Rabobank, a long-term sponsor.   

Christian Prudhomme of the Tour de France has accepted that Armstrong should lose his seven victories, although Prudhomme's organisation does not have the power to strip him of these victories. Instead it is down to the UCI.

What will the UCI decide to do with the USADA report? They can either accept it or ask for it to go to arbitration. Difficult decision for the UCI, especially as the report includes testimony alleging that the UCI covered up positive tests for Armstrong. Given the reaction against Armstrong should the UCI decide to go to arbitration the criticism the organisation already faces is only likely to grow. 

Perhaps they will accept the bulk of the report thus stripping Armstrong of his victories, while rejecting the accusations of complicity in the scandal. 

What of the impending court case against Paul Kimmage due to be heard in Switzerland in December? Will Hein Verbruggen and Pat McQuaid drop the action? The defense fund in support of Kimmage has now reached $63,543.52 from 2078 donors. If Verbruggen and McQuaid plough on with this foolish action the fund is likely to grow more rapidly as the trial date approaches and some deep pockets may be prepared to contribute.         

All the time there is perhaps an even bigger scandal involving Dr Michele Ferrari being uncovered in Italy  

  

The World According to Lance: gripping TV programme

Four Corners TV programme on ABC:

'After winning the Tour de France seven times in a row, Lance Armstrong might well have been the greatest sportsman of all time.

Not only had he won the most coveted of all cycling races, he had done so after recovering from advanced testicular cancer.

Lance Armstrong maintains he has never used performance enhancing drugs.

He claims he has never tested positive in hundreds of drug tests.

Many who know him well now say he is lying.' 

**

The Paul Kimmage defense fund has now reached $63,378.52 with contributions from 2071 donors. It is great that so many cycle fans have supported Paul and this surely represents an increasing vote of no confidence in McQuaid and Verbruggen and their running of the UCI. But how many pro cyclists, especially those who built their careers on doping, have contributed?  

 

Lance Armstrong and Jimmy Savile: fallen heroes

The names of two fallen heroes have featured widely in the headlines this week: Lance Armstrong and Jimmy Savile. Although the alleged offences are very different, the two cases do have things in common. 

Both Savile and Armstrong were famous (admittedly Savile's fame was probably largely confined to the UK), which made those in the know reluctant to come forward, and Britain's libel laws may well have helped to hide the truth. In Armstrong's case there was a libel case following the publication of an article by David Walsh in The Sunday Times, which was eventually settled out of court in Armstrong's favour. The Sunday Times is now reported to be considering taking action to get that money back, said to be around £1 million including costs. Both Armstrong and Savile raised large sums for charity, which provided protection. Savile may well have chosen those charitable acts that put him in a position to abuse children.

As well as The Sunday Times revisiting the libel settlement, Armstrong may also face legal action from SCA Promotions who were reluctant to pay out $5 million on Armstrong's sixth Tour victory in 2004 because of suspicions of drug-taking. The Federal investigation against Armstrong may perhaps be reopened and he could face perjury charges at having denied ever doping in court. In the meantime Nike continues to support him – will avoid buying Nike in the futute, although I can't recall having brought their products in the past.      

The fallout from the extraordinarily detailed case against Armstrong released by the USADA (US Anti-Doping Agency) continues to reverberate. Johan Bruyneel has been dismissed/left by mutual consent from his job as boss of the Radioshack team, while Matt White, sport director at Orica-GreenEdge, has also resigned over his doping past.  Unfortunately their likely successors are both reported to have failed drug tests while competing. 

 

The UCI (International Cycling Union) has yet to decide what to do. They have 21 days from receiving the USADA report (10th October 2012) to decide whether to accept it or go to arbitration. It will be difficult for them not to accept it but the USADA report repeats the accusations made by Floyd Landis and Tyler Hamilton that the UCI know about Armstrong's doping, covered up postive tests and accepted a large donation from Armstrong. Exactly the accusations over which the UCI, Pat McQuaid and Hein Verbruggen took Floyd Landis to a Swiss court and will be taking Paul Kimmage to in December. 

If the UCI accept the USADA report can they really continue to take Kimmage to court? If McQuaid and Verbruggen had any sense they would have dropped the case by now not least in recognition of the role that Kimmage played in exposing Armstrong's doping. Left to the UCI nothing would have happened with Verbruggen only last year insisting that Armstrong had never doped!     

Kimmage's defense fund has now past $61,000 ($61,740.95)* with contributions from 2001 donors. If the UCI continues its action this total will surely grow substantially – I will certainly be making a further contribution. This steady increase in the Paul Kimmage fund not only reflects support for a journalist singled out by a powerful association but is more and more becoming a vote of no-confidence by cycling fans in the UCI. What a PR disaster for UCI!  

David Millar has called for Verbruggen to resign, while Christian Prudhomme, boss of the Tour de France, wants there to be no winner between 1999 and 2005 (the seven Armstrong years) as it is almost impossible to find a top contender in those years who was clean. Many have also called for McQuaid to go, too.          

    

There have been articles on those brave enough to speak out years ago about the doping – Betsy Andreu, Emma O'Reilly and Filippo Simeoni.    

Sadly the veteran broadcaster, Phil Liggett, made himself look ridiculous at the end of August with his attack on the USADA calling the organisation 'nefarious'. Retirement may beckon. 

Further coverage on SteepHill here.  

15.10.12: * Paul Kimmage Defense Fund is now over $62,000 ($62,060.95) with contributions from 2019 donors.

      

The U.S. Postal Service Pro Cycling Team Doping Conspiracy

2010 Le Tour de France@Pauillac

The USADA will be releasing later today (now available see below) the evidence collected against Lance Armstong and the US Postal Service Team. This will be after they have sent the document to the UCI. 

Statement From USADA CEO Travis T. Tygart Regarding The U.S. Postal Service Pro Cycling Team Doping Conspiracy

(Extracts from the statement)

‘Today, we are sending the ‘Reasoned Decision’ in the Lance Armstrong case and supporting information to the Union Cycliste International (UCI), the World Anti-Doping Agency (WADA), and the World Triathlon Corporation (WTC). The evidence shows beyond any doubt that the US Postal Service Pro Cycling Team ran the most sophisticated, professionalized and successful doping program that sport has ever seen.  

The evidence of the US Postal Service Pro Cycling Team-run scheme is overwhelming and is in excess of 1000 pages, and includes sworn testimony from 26 people, including 15 riders with knowledge of the US Postal Service Team (USPS Team) and its participants’ doping activities. The evidence also includes direct documentary evidence including financial payments, emails, scientific data and laboratory test results that further prove the use, possession and distribution of performance enhancing drugs by Lance Armstrong and confirm the disappointing truth about the deceptive activities of the USPS Team, a team that received tens of millions of American taxpayer dollars in funding.’

‘It took tremendous courage for the riders on the USPS Team and others to come forward and speak truthfully. It is not easy to admit your mistakes and accept your punishment. But that is what these riders have done for the good of the sport, and for the young riders who hope to one day reach their dreams without using dangerous drugs or methods.

These eleven (11) teammates of Lance Armstrong, in alphabetical order, are Frankie Andreu, Michael Barry, Tom Danielson, Tyler Hamilton, George Hincapie*, Floyd Landis, Levi Leipheimer, Stephen Swart, Christian Vande Velde, Jonathan Vaughters and David Zabriskie.’ 

‘Lance Armstrong was given the same opportunity to come forward and be part of the solution. He rejected it.’

The full statement is here. 

Statement from George Hincapie on his site here.

Also statement from Christian van de Velde here.

The USADA's document – reasoned decision is available here. 

Wikipedia: Dope and the winners of the Tour de France.

Cycling: Paul Kimmage defence fund against UCI action takes off

Le Tour@Pauillac 2010

Paul Kimmage, who has campaigned for 22 years against doping in cycling is being sued for defamation by the UCI (Union Cycliste Internationale) in an action initiated by Pat McQuaid, the current president, and Hein Verbruggen, its honorary president.

The lawsuit was launched against Kimmage two weeks after he was made redundant by The Sunday Times in January. He was served with a subpoena on Wednesday 19th September, which summons him to a court hearing in Vevey, close to Geneva on 12th December.

The defamation case relates to allegations published in L'Equipe and The Sunday Times that the 'UCI were complicit in covering up positive tests by Lance Armstrong'. Unusually the UCI's action is only against Kimmage and not The Sunday Times or L'Equipe. The action arises from an interview with Floyd Landis in 2011, which is now available here on Velocity.
 

Following the serving of the subpoena a defence fund has been set up and already $43,522.49 has been raised with contributions from 1357 donors*. The Paul Kimmage defence fund is here. Kimmage has claimed that the UCI action is designed to shut him up.
 

Tyler Hamilton, who has made similar allegations in his new book The Secret Race, is not being sued. See here interview in The Guardian. 

  

Enrico Carpani, communications director at the UCI, said it was  “normal – at least under Swiss law – that when the author of the denounced statements is known, this author is sued and not the editor”.

He added: “Please bear in mind also that the Sunday Times had put a disclaimer on the Landis-Kimmage interview.

“Having said that, UCI is not trying to silent the press at all, nor to question the freedom of journalists: we are just defending our self from unacceptable and defaming statements made by a journalist who never could prove his allegations.” See report here.

Given the support that Kimmage is now receiving along with continuing revelations of the extent in the recent past of the doping culture in professional cycling the action by the UCI, McQuaid and Verbruggen looks increasingly like a PR disaster. 

* Update 23.30 CET: $44,150 from 1389 contributors.