Gonzalez Goes To Trial, Questions For Quintana

Nairo Quintana’s physician is to face trial this September following police raids on the 2020 Tour de France.

You may need seen the headlines however Breton newspaper Le Télégramme broke the story and has a number of element that isn’t elsewhere because of an article by their journalist Jean Saint-Marc. It’s behind a paywall and a number of the protection in English and extra on the story has come from the free however transient AFP newswire story that confirms the trial date, shops have padded their items out with summaries of Quintana’s tramadol case fairly than the element lined by Le Télégramme. But it surely’s price subscribing to the paper and exploring the Télégramme article because it has much more element…

Background
Keep in mind the 2020 Tour de France and the OCLAESP police raids within the third week that noticed Nairo Quintana and his entourage searched, and even a couple of days’ detention for his private physician Fredy Gonzalez? It was a very long time in the past and the path appeared to have gone chilly, the case closed. However Le Télégramme broke the story yesterday, since confirmed by newswire service AFP, that Dr Gonzalez will stand trial in September on prices of [my translation]:

“possession of a banned substance or methodology to be used by an athlete with out medical grounds”
“administering or making use of to an athlete, on this case Nairo and Dayer Quintana, with out medical grounds, a banned substance or methodology through the course of a sports activities occasion”

Among the many gadgets discovered had been pouches of saline resolution and a tourniquet, on which Le Télégramme says there may be DNA from each Dr Gonzalez and the Quintana brothers, presumably they had been swabbed for DNA when questioned by police on the finish of the 2020 Tour de France.

“We’re not speaking a couple of first assist package” somebody near the case instructed Le Télégramme. However the problem for the pending trial is what is prohibited. Possessing pouches, and even barrels, of saline resolution just isn’t against the law. However it may be in breach of the principles if they’re administered intravenously to riders through the course of an occasion. For starters for rehydration it may very well be a breach of the UCI’s “No Needles” coverage which does enable for infusions however solely when there isn’t any different and provided that the UCI is knowledgeable inside 24 hours, so if Dr Gonzalez didn’t inform the UCI on the time there’s a small sanction however we’re speaking days fairly than career-ending.

Nevertheless saline resolution may also be used within the context of blood doping, to govern blood values, it may be used to masks urine take a look at outcomes or “flush out” prohibited substances from the physique faster. For these causes its use – not possession – is on the Prohibited Checklist, as in a banned methodology. Right here’s a screengrab from the WADA Prohibited Checklist (my highlighting):

Word what’s essential right here is the amount. A small infusion of saline might journey the UCI No Needle coverage. However over 100ml in 12 hours and it’s a possible anti-doping case. Right here Le Télégramme experiences [translated] “On this final level [the quantity] there’s little question, in response to our sources, given the dimensions of the pouches discovered” however experiences on the time stated 100ml was seized, solely greater than this is able to be incriminating underneath the WADA guidelines.

Nonetheless discovering a jumbo saline pack doesn’t equate to breaking the principles, the prosecutor within the trial should attempt to show the hyperlink this September. Even an empty pouch doesn’t imply it was all infused. We’ll have to attend for the trial and seen proper now it’s not apparent that Dr Gonzalez would even need to fly to France to face trial.

Nairo and Dayer Quintana should not on trial as a result of doping itself just isn’t criminalised in France, as a substitute possession and administration are. Nevertheless Le Télégramme additionally experiences the small print have been handed to “the sporting authorities” (presumably France’s anti-doping company the AFLD and biking’s governing physique the UCI) in order that they’ll pursue the case.

The Arkéa staff stated Quintana’s entourage acted “in isolation” and staff supervisor Emmanuel Hubert instructed the paper “one particular person alone shall be judged. The staff isn’t incriminated”. Legally-speaking that’s proper however it evokes questions of administration and oversight all the identical.

Conclusion
First a “chapeau” to Jean Saint-Marc at Le Télégramme for breaking the story. His newspaper is commonly a wonderful supply of biking information, in any case it’s in Brittany, arguably the biking hotbed in France. Anyway there’s extra element in there that’s price studying… and sharing and I needed to accompany this with snippets of the principles in place too.

The trial is slated for September. It’s taken so lengthy that it gained’t be a shock whether it is delayed or adjourned additional and also you surprise if Dr Gonzalez will need to participate given he dangers jail, though there may be an extradition treaty between France and Colombia. The legislation is fascinating although as it could compel witnesses, together with the Quintana brothers.

Additionally the court docket case is one factor, however the particulars have been handed to the sports activities authorities who can examine whether or not there have been breaches of the anti-doping guidelines. Right here Quintana dangers massive as a result of the tariff goes as much as a 4 yr ban and he’d be liable to forfeiting all this outcomes since September 2020 which in flip contributed to Arkéa-Samsic’s promotion to the World Tour though simply because the UCI would possibly could want to ask extra questions it might equally evaluation the proof and conclude there’s no case to research, there would possibly even be a notice from Dr Gonzalez to clear the “No Needle” coverage. However we don’t know which approach it will go but and if Quintana began this yr again within the peloton hoping to place the Tramadol case behind him now there’s one thing greater on the horizon.

The put up Gonzalez Goes To Trial, Questions For Quintana first appeared on The Inside Ring.

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