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Tuesday, 21 August 2012

US Court Dismiss Armstrong Bid


Lance Armstrong's bid to block an investigation into whether he took performance-enhancing drugs has been dismissed in a US federal court.

The seven-time Tour de France winner was charged by the US Anti-Doping Agency in June with using performance-enhancing drugs going back 16 years.

Armstrong, 40, subsequently took legal action against the USADA, accusing it of offering "corrupt inducements" to other riders to testify against him.

The American has always denied doping.

The Texas court ruling means Armstrong will now have to face the doping charges. He could lose his record-breaking seven Tour de France titles if found guilty, and banned from cycling.

Despite his dismissal of Armstrong's case against the USADA, US District Judge Sam Sparks noted "troubling aspects" of the agency's case.

He remarked upon the contrast between the USADA's determination to pursue with the hearing "in direct conflict with [international cycling governing body] UCI's equally evident desire not to proceed against him".

USADA chief executive Travis Tygart welcomed the court's ruling: "We are pleased that the federal court in Austin, Texas, has dismissed Lance Armstrong's lawsuit and upheld the established rules which provide Congressionally mandated due process for all athletes.

"The rules in place have protected the rights of athletes for more than a decade in every case USADA has adjudicated," he said.

"We look forward to a timely, public arbitration hearing in this case, should Mr Armstrong choose, where the evidence can be presented, witness testimony will be given under oath and subject to cross examination, and an independent panel of arbitrators will determine the outcome."

Armstrong's alleged offences span 1999 to 2005. Should he choose to answer the charges, Armstrong's case may ultimately be escalated to the Court of Arbitration for Sport (CAS).

He has previously accused the USADA, which has handed out lifetime bans to three of the five other men accused in his case, of pursuing a vendetta against him. 

The UCI said in a statement: "The UCI was not a party to the US proceedings.

"Based upon the information that was known to it - UCI did not receive a copy of USADA's file - UCI took the position that it [the UCI] had jurisdiction for results management and proposed that a third neutral and independent body should decide, based upon the evidence in USADA's file, whether Lance Armstrong had a case to answer or not.

"The UCI notes that according to the US court [USADA] arbitration proceedings should meet its concerns."

Armstrong, who survived testicular cancer prior to his record-breaking Tour wins, retired after the 2005 Tour de France, but made a comeback in 2009. He retired for a second time in February 2011, taking up the triathlon.
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