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Um, not exactly - the Swiss canton court has set aside the CAS judgement for now - but this will be reviewed in 6 months by a higher court and the definitive decision will be given then.
 

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NeoRetroGrouch
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Bianchigirl said:
Um, not exactly - the Swiss canton court has set aside the CAS judgement for now - but this will be reviewed in 6 months by a higher court and the definitive decision will be given then.
But he is allowed to race until then.

I haven't seen anything yet with an explanation, but I have to think that being penalized another year for disputing the decision had to play a role in this ruling.

TF
 

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Thing is, where does this end? If I get a fine for shoplifting, can I start appealing to CAS to overturn the verdict? Do we have the spectacle (rather like the triathlete Bekker) of riders trawling around the courts looking for one to overturn and unfavourable ruling?

The Swiss court have set a potentially dangerous precedent - hope the high court see sense and don't uphold this.
 

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NeoRetroGrouch
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Bianchigirl said:
Thing is, where does this end? If I get a fine for shoplifting, can I start appealing to CAS to overturn the verdict? Do we have the spectacle (rather like the triathlete Bekker) of riders trawling around the courts looking for one to overturn and unfavourable ruling?

The Swiss court have set a potentially dangerous precedent - hope the high court see sense and don't uphold this.
In the US, we still take a dim view of 'sports' courts or any other extra-legal entity that tries to take influence over our lives outside of it's own direct business. We certainly see the courts as the final authority and that they should step in if the legality is in question. For instance, the UCI (under WADA influence?) blatently targeting Hamilton to keep him out of non-sanctioned races. Or Hondo receiving an extra year because he used the appeal process. - TF
 

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Hondo didn't get an extra year because he used the appeals process - he got an extra year because he broke the rules by doping and that's the standard suspension.
 

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Resident Dutchbag
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Bianchigirl said:
Thing is, where does this end? If I get a fine for shoplifting, can I start appealing to CAS to overturn the verdict? Do we have the spectacle (rather like the triathlete Bekker) of riders trawling around the courts looking for one to overturn and unfavourable ruling?

The Swiss court have set a potentially dangerous precedent - hope the high court see sense and don't uphold this.
Wait a minute here, there's no verdict by the Swiss court yet, they didn't uphold his supension awaiting the final judgment on his case. They did pass the CAS on this, so the outcome will most probably be in favor of Hondo. This is more or less the other way around from the picture that you paint. And do we have the spectacle of riders crawling through the courts to try and get a sentence overturned? Yes. The courts will dismiss cases when they are outside their jurisdiction, so riders -just like you and me- are free to pursue justice. Maybe you can tell me what's wrong with that?
 

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NeoRetroGrouch
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Bianchigirl said:
Hondo didn't get an extra year because he used the appeals process - he got an extra year because he broke the rules by doping and that's the standard suspension.
He got one year. He appealed. He got two years. The message was clear - just ask Rory Sutherland:

""It is on one hand difficult for me to think about going to the CAS after what has just happened to Danilo Hondo. [Upon appeal to the CAS for testing positive to the drug Carphedon, the German rider's suspension was in fact extended from one to two years, as well as another two-year ban from racing in the ProTour - ed.]"

http://www.cyclingnews.com/news.php?id=news/2006/mar06/mar10news2

TF
 

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Possibly because CAS would say to Sutherland as well 'you broke the rules because you tested positive for a bannaed substance - standard suspension is 2 years'

If you run a red light/get caught speeding etc etc - then you've broken the law, right? Doesn't actually matter whether you were speeding by 2 mph or 20 mph - you broke the law. Riders like Sutherland and Hondo broke the rules when they tested positive - regardless of whether these substances have any performance enhancing effect or not they are on the banned list. I really can't see what's so difficult to understand about it.
 

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Moderatus Puisne
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What's difficult to understand isn't that he got banned.

What's confusing to many is that he tested positive, and got slapped with a 1-year ban. Rightly or wrongly, he felt unfairly punished, so he appealed, and I think it's his right to appeal the decision.

Instead of simply "Nope, sentence upheld," they said "actually, we're gonna double it from 1 year to 2 years, and also 2 more years out of the protour."

Imagine if someone was convicted for, let's say dealing marijuana, received a 5-year sentence, appealed, and got a 10-year jail sentence plus 10 years house arrest on appeal.

I think that's the confusion. Should the 2+2 instead of 1 ban been applied in the beginning? Maybe, I really don't know. But upgrading a punishment when the accused appeals is always a little ... I dunno, it seems like it discourages appeals, and the process is there for a reason.
 
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