Although the official decision is thought likely to be announced tomorrow, various Spanish media sources are reporting as a near-certainty that Alberto Contador won’t be sanctioned over his positive test in last year’s Tour de France.
Citing sources close to the competition committee of the Spanish cycling federation RFEC, El Pais said that the committee met at the weekend and ‘are inclined to an acquittal.’ The newspaper states that this means the rider could return to racing as soon as tomorrow. It would also in theory enable him to keep his Tour de France title.
Marca reports it as a done deal, saying that the four judges concerned have written that the decision was based on the case of the German table tennis player Dmitrij Ovtcharov. He tested positive for the same substance, claimed he ate it in contaminated meat while competing in China. His national federation declined to sanction him, and WADA told VeloNation last week that it would not appeal the decision.
However there are two notable differences in Ovtcharov’s case: the first is that he was competing in China, where there are far less controls on meat production and a known high usage of Clenbuterol. The second is that that he reportedly was able to provide hair samples which pointed towards the accidental ingestion of the chemical.
There have been no suggestions that Contador provided hair samples at the time of his positive test. The rider himself has accepted that there is only a small likelihood of food contamination in Europe.
These facts make it likely that either the UCI, WADA or both will appeal any RFEC acquittal. Under the WADA code, sportspeople are responsible for all substances in their system. In previous cases where accidental ingestion has been proven, a reduced one year ban has been handed down.
Cases such as that of the swimmer Jessica Hardy had more evidence available for the defence, as the source of the contamination was able to be traced to a tainted supplement.
UCI spokeman Enrico Carpani was quoted by El Mundo on Friday as saying that a one year ban could be acceptable to the governing body. A suspension of this length would reflect an accidental positive rather than a deliberate use of a doping agent. He confirmed this quote to VeloNation today, but stressed that nothing was decided.
“I confirm I said that “the UCI could live with a one year ban...,” which does mean both possibilities are open: either to accept the sanction or to appeal against it. It is impossible to say right now what UCI would do. [Let’s] let the RFEC take its decision and we will see..."
VeloNation has again contacted him since the Spanish media reports of a likely acquittal; he said that the UCI couldn’t comment until such time as it received official notification of the decision.
As stated yesterday, prominent figures and political parties were stating publicly that they believed Contador was innocent and should be cleared prior to the RFEC decision. The question will arise if the judges were in any way influenced by this, or if they were instead fully satisfied by the rider’s arguments.
If they disagree with the final ruling, the UCI and WADA have 30 days to lodge an appeal to the Court of Arbitration in Sport (CAS). Both previously said that they reserved the right to do so if they were not satisfied with whatever the RFEC decided.