Team Fedgroup Itec

[Tumbleweed]

Hi Barry

 

Hope you’re well.

 

In response to media queries about the Brandon Stewart case, the Absa Cape Epic has reiterated its “zero tolerance” approach to doping: last year it became the first race in world cycling to issue a lifetime ban to any rider found guilty of illegal use of performance-enhancing drugs.

 

Please find the statement below and let us know if you require any further info.

 

Thanks so much.

 

Kind regards

Gina T Z Ganswyk

 

 

ABSA CAPE EPIC MEDIA STATEMENT

 

In response to media queries about the Brandon Stewart case, the Absa Cape Epic has reiterated its “zero tolerance” approach to doping: last year it became the first race in world cycling to issue a lifetime ban to any rider found guilty of illegal use of performance-enhancing drugs.

 

The South African Institute for Drug-Free Sport (SAIDS) announced today that an appeal by Stewart for recognition of a therapeutic use exemption had been denied (see SAIDS statement below). Stewart can appeal the ruling to the Court of Arbitration in Switzerland before he is formally charged for doping.

 

If found guilty of doping, Stewart would therefore not be able to race again in the Absa Cape Epic, an event which he has completed all 10 times to date - one of only nine riders to do so. Stewart won the Absa African Leader jersey in both 2007 and 2012, and finished in the top five in 2005.

 

Stewart had already withdrawn from the event this year pending the outcome of his case.

The Cape Epic ban also forbids anybody found guilty of doping from participating in the event in a formal capacity, including as a registered team manager.

 

“We don’t know what the outcome of the formal hearing will be and obviously don’t want to prejudge the issue, but it is disappointing that this sort of negative publicity is being aired when cycling is doing so much to get its house in order,” said Absa Cape Epic founder Kevin Vermaak.

 

Besides the Epic’s zero tolerance initiative, the International Cycling Union (UCI) has launched an ambitious independent commission to investigate cycling’s doping past. This will include allegations of mismanagement of anti-doping cases by the governing body, the UCI.

 

 

The commission was a key element in the manifesto of Brian Cookson, the former British Cycling head who was elected UCI president in late September. Within hours of taking office Cookson had sent investigators to the UCI’s Swiss offices to secure computers and documents for the commission.

 

SAIDS and local cycling authorities have in recent years developed “biological passports” for cyclists, which screen blood and urine tests over a period of time to check for unusual activity. This has widely been hailed as an effective way of curbing the use of drugs in sport.

 

The Absa Cape Epic’s policy:

 

The Absa Cape Epic conforms to the World Anti-Doping Code as laid out by the World Anti-Doping Agency (WADA) and works with the UCI and the South African Institute for Drug-Free Sport (SAIDS) to ensure the Code is properly implemented at the race and amongst cyclists in South Africa. Stringent and comprehensive doping control is conducted at the race by the UCI and SAIDS.

Any athlete (professional or amateur) sanctioned by their federation or national anti-doping authority (NADA) for use of performance enhancing drugs (PEDs) after 1 January 2013, whether at another event or out of competition, will be banned for life from participating in the Absa Cape Epic. Not only will the person not be allowed to participate (as an amateur rider or UCI- licensed elite), but the individual will also be banned from being involved on any level including as a team manager.

As is stipulated in the race rules, the organisers reserve the right to test all participants and therefore, per the WADA Code, the onus is on the athlete to check that any substances or methods used do not appear on WADA's current List of Prohibited Substances and Methods.

 

 

The South African Institute for Drug-Free Sport’s statement:

Mountain Biker Brandon Stewart Appeal Dismissed

 

 

Cape Town, 05 March 2014 – The SA Institute for Drug-Free Sport (SAIDS) announced today that the SAIDS Appeal Tribunal dismissed the appeal lodged by cyclist, Brandon Stewart, for the use of the banned substance Testosterone.

 

Stewart was informed in October 2013 by Cycling South Africa that he had tested positive for the banned substance Testosterone during an out-of-competition test.

 

Khalid Galant, SAIDS CEO explains: “The cyclist claimed that he had a legitimate medical condition that warranted the use of Testosterone. He had previously applied for a Therapeutic Use Exemption (TUE) for the use of Testosterone. The SAIDS TUE Commission denied the application based on the international criteria that the use of the substance was elective and not medically essential.”

 

“The national anti-doping rules afforded the cyclist the opportunity to first lodge an appeal against the denial of his TUE, before a formal doping charge would be filed,” he added.

 

The appeal was heard on the 28^th of January 2014 and the decision handed down on the 3^rd of March 2014. The Appeal Tribunal upheld the decision of the TUE Commission to deny the therapeutic use of Testosterone.

 

SAIDS confirms that the provisional suspension as communicated to Brandon Stewart in correspondence sent to him on 31 October 2013, remains in place.

 

Galant concludes: “The athlete reserves the right to appeal the decision made by the Appeal Tribunal to the Court of Arbitration (CAS) in Switzerland and has up to the 25^th of March 2014 to do so. Should Stewart forgo the last avenue for appeal, he will be charged with a doping offense and a hearing date will be set.”

 

- ENDS -

 

 

 

About the SA Institute for Drug-Free Sport

The SA Institute for Drug-Free Sport is a public entity that promotes participation in sport that is free from the use of prohibited substances or methods intended to artificially enhance performance, thereby rendering impermissible doping practices, which are contrary to the principles of fair play and medical ethics, in the interest of the health and well-being of sportspersons.

 

The Institute’s efforts include anti-doping strategy in sport; education on drugs in sport; and collaboration with other national anti-doping agencies throughout the world. The Drug-Free Sport Act grants the Institute for Drug-Free Sport statutory drug testing powers and the authority to conduct and enforce a national anti-doping programme. By virtue of the Institute’s legislative ambit, national sports federations are obligated to co-operate with the Institute. For more information go to www.drugfreesport.org.za

[Tumbleweed]

This whole thing is a royal f up... I see the team have released a statement on their facebook page.

 

 

FedGroup and Itec stand behind Brandon Stewart

March 5, 2014 at 4:42pm

 

FedGroup and Itec, the two main sponsors of the FedGroup Itec Pro Mountain Biking team, will continue to support team member, Brandon Stewart, who has been notified by the South African Institute for Drug-Free Sport (SAIDS) that a hearing is to be held into doping charges against him.

The sponsors believe that the situation has arisen as a result of flawed processes in the anti-doping system.

FedGroup chief financial officer, Scott Field says that the sponsors did their own internal investigation when Stewart was notified by SAIDS at the end of October 2013 that he had tested positive for testosterone in a random urine test done in the previous July.

“Brandon always kept us fully informed of all the procedures he followed in applying to SAIDS for therapeutic use exemption (TUE) for testosterone treatment recommended by his doctor. He also always attached to each of the control forms for random drug tests that were done on him over a period of several months what he believed to be the authorisation code for a TUE and wrote on each form the information that he had taken testosterone. This was not the behaviour of someone trying to subvert the system.

“Double-checking all the information again in November 2013 in our own internal investigation reinforced our belief that Brandon had never intended or attempted to cheat.

“We stand unambiguously behind the need for South African sport to be drug-free. In that context we fully support the existence of SAIDS. What we’d like to see, however, is an improvement in the way SAIDS carries out its mandate. And, for the sake of South African sport in general, we’d be happy to assist in making that improvement happen.”

The FedGroup Itec Pro Mountain Biking team, Kevin Evans and Neil MacDonald will compete in the Absa Cape Epic at the end of March and are expecting a good finish in the Africa Leaders Jersey Competition.

“We have a strong team,” Field says. “So, our appeal for a better SAIDS system is not based on the prospect of losing ground without Brandon. It’s a moral issue: why penalise an athlete who needs legitimate medical treatment? What Brandon has had to endure does not help catch anyone who is actually cheating with drugs.”

[rouxtjie]

Yip tumbles....this is tip of the spear I reckon(ito punishment)....well it would be for me if I was a pro specialist marathon racer....give me two years, but a lifetime from the queen stage race in the world....it has to hurt

 

He can NEVER again participate in the epic if his appeal fails. End van prent

[rouxtjie]

 

.......

He also always attached to each of the control forms for random drug tests that were done on him over a period of several months what he believed to be the authorisation code for a TUE and wrote on each form the information that he had taken testosterone.

....

Why is this grey?...surely it is yes or no scenario...and if it is yes, you have the documentation to back it up.

[Gen]

I was hoping I would be less depressed about this whole gemors this morning.. I cam confirm I am not.. ai

 

 

[TALUS]

I know nothing about this specific case. Principle though: Testosterone is not absolutely essential for his health ( as per the press release), but they give out TUE like smarties for bronchodilators in exercise induced asthma. If you were not to ride your bike (hard) you wouldnt get bronchospasm - is it now absolutely essential for your health to ride your bike? Did they not create this grey area a long time ago? He was clearly transparent in what he was doing - to me this is (at least) mitigating circumstances.

[Gen]

I know nothing about this specific case. Principle though: Testosterone is not absolutely essential for his health ( as per the press release), but they give out TUE like smarties for bronchodilators in exercise induced asthma. If you were not to ride your bike (hard) you wouldnt get bronchospasm - is it now absolutely essential for your health to ride your bike? Did they not create this grey area a long time ago? He was clearly transparent in what he was doing - to me this is (at least) mitigating circumstances.

 

The whole thing that boggles my mind is how the hell does that rep woman tell him yeah use it till your TUE comes through.

 

If someone said that to me I probably would also assume it's all okay to go ahead with treatment.

 

Shows you hey.. never trust anyone even if they are supposed to know what they are doing..

 

I am still rather p off about this gemors.. can you tell?

[TALUS]

I get the impression you are not comfortable with what has transpired....

[rouxtjie]

I know nothing about this specific case. Principle though: Testosterone is not absolutely essential for his health ( as per the press release), but they give out TUE like smarties for bronchodilators in exercise induced asthma. If you were not to ride your bike (hard) you wouldnt get bronchospasm - is it now absolutely essential for your health to ride your bike? Did they not create this grey area a long time ago? He was clearly transparent in what he was doing - to me this is (at least) mitigating circumstances.

Might be, but if they acknowledge the mitigating circumstance and reduce his punishment from two year to 1 day...it wouldn't matter for the epic...guilty is guilty. He would still not be able to ride it.

 

And looking at epic's response to tumbles it doesn't seem like they will budge or concede on their stance, even with mitigating circumstances

[Gen]

I get the impression you are not comfortable with what has transpired....

 

Nope lol

 

Man like I've said before.. I really like that team. . And I like stewart as stated before he comes across as a hell of a nice guy..

 

So yes I am sad at all of this.

 

Max is lurking today... MAX if you ever get involved in any doping scandal .. I am going to go to sabie and kick you behind.. and I can cause I am bigger than you

[SwissVan]

Yip tumbles....this is tip of the spear I reckon(ito punishment)....well it would be for me if I was a pro specialist marathon racer....give me two years, but a lifetime from the queen stage race in the world....it has to hurt

 

He can NEVER again participate in the epic if his appeal fails. End van prent

 

That's why life time bans are better than 2 years.

 

The reason given by BS is that he was prescribed the product for depression due to low testosterone levels and DFSA say that it was not medically required, which to me means that there were other options available.

 

At the end of the day he was silly to continue using it without the official TUE in his possession.

[Tumbleweed]

How much would an appeal to the CAS cost? Would the athlete actually have to appear there? Or does it just work on submissions?

 

Edit to answer my own question:

 

R48 Statement of Appeal

The Appellant shall submit to CAS a statement of appeal containing:

• the name and full address of the Respondent(s);

• a copy of the decision appealed against;

• the Appellant’s request for relief;

• the nomination of the arbitrator chosen by the Appellant from the CAS list, unless the Appellant requests the appointment of a sole arbitrator;

• if applicable, an application to stay the execution of the decision appealed against, together with reasons;

• a copy of the provisions of the statutes or regulations or the specific agreement providing for appeal to CAS.

Upon filing the statement, the Appellant shall pay the CAS Court Office fee provided for in Article R64.1 or Article R65.2.

If the above-mentioned requirements are not fulfilled when the statement of appeal is filed, the CAS Court Office may grant a one-time-only short deadline to the Appellant to complete its statement of appeal, failing receipt of which within the deadline, the CAS Court Office shall not proceed.

 

http://www.tas-cas.o...5-0-1089-7-1-1/

 

The cost is a shade over R12000.

[jcza]

TUE applied for and declined twice.

Test result = positive.

 

Not sure an appeal would do much good.

[rouxtjie]

That's why life time bans are better than 2 years.

 

The reason given by BS is that he was prescribed the product for depression due to low testosterone levels and DFSA say that it was not medically required, which to me means that there were other options available.

 

At the end of the day he was silly to continue using it without the official TUE in his possession.

Ja agree swiss, lifetime or nothing...its harsh, but it fits the crime.

 

Bigup on the cape epic for this...

[NotSoBigBen]

Testosterone cause you depressed ...... seriaaaas? Donner suddenly I am very frikkin depressed, off to my GP I go!

 

Disclaimer - I am going to my GP but cause I can't get rid of my bad chest

[rouxtjie]

How much would an appeal to the CAS cost?

....

 

The cost is a shade over R12000.

That is alot of moola for a shot in the dark