Rourke Croeser found not guilty of contravening Medical Rules

Remember kids, stash your doping paraphernalia before the race:

"(UCI Medical Rule 13.03.058 (2) specifically states “In case a violation of article 13.3.052 occurs at a race”, whereas the needle discovery was days before the race while the rider was training)"

Wait for it...

Here come the haters and internet PI's...

I am happy for cycling in general in SA that this is the finding. Did they test a blood sample as well?

So its ok to use product and have needles etc leading up to a race but not while you race???

Or put sludge in your tyres, or was it lance saddle sores or testing HGB with your analyser? 

Remember kids, stash your doping paraphernalia before the race:

 

"(UCI Medical Rule 13.03.058 (2) specifically states “In case a violation of article 13.3.052 occurs at a race”, whereas the needle discovery was days before the race while the rider was training)"

This logic fails me. 

The rules pertaining to 13.03.052 apply to both in and out of competition periods.

Rule 13.03.052 is a sub clause relating to rider or full team being withdrawn from races following a violation of the no needle policy. It refers to additional sanctions not covered in 13.03.057.

Hence the words "In addition to..."

This is not at all ambiguous.

Full rules follow.

"

13.3.052 The injection of any substance to any site of a rider’s body is prohibited unless all of the following conditions are met:

1. The injection must be medically justified based on best practice. Justification

includes physical examination by a certified medical doctor and an

appropriately documented diagnosis, medication and route of administration;

2. There is no alternative treatment without injection available;

3. The injection must respect the manufacturer-approved indication of the

medication;

4. The injection must be administered by a certified medical professional except

where normal practice is that the patient with a disease requiring injections

injects him/herself (for example diabetes);

5. The injection must be reported immediately and in writing not later than 24

hours afterwards to the UCI Doctor (via email [medical@uci.ch] or fax [+41 24

468 59 48]), except for riders

a. With a valid TUE;

b. Vaccination

c. When the injection is received during hospital treatment or clinical

examination;

d. When normal practice is that the patient with a disease requiring injections

injects him/herself.

The report must be made by the medical doctor having examined the rider and must

include the confirmation that a physical examination took place, the diagnosis,

medication and route of administration. Where applicable it shall also include the

prescription referred to in article 13.1.065.

Comment to par. 5: the report may be sent by the medical doctor or the rider. The

rider is responsible for the report to be sent.

The prohibition under article 13.3.052 applies to any substance that is injected,

whether endogenous or exogenous, whether prohibited under the UCI Anti-Doping

Rules or not.

13.3.054 The prohibition under article 13.3.052 applies to any type of injection: intravenous,

intramuscular, intra-articular, peri-articular, peri-tendinous, epidural, intra-dermal,

subcutaneous, etc.

13.3.055 In case of a local injection of glucocorticosteroids, which is subject also to the UCI

Anti-Doping Rules and the Prohibited List, the rider must rest and is excluded from

competition for 8 days.

The medical doctor having prescribed the injection shall prescribe this rest in writing

to the rider and add to the documentation referred to in article 13.3.052.1 a copy of

such prescription signed by him/herself and the rider.

13.3.056 In case of an injection of a prohibited substance, in addition to the requirements of

articles 13.3.052 and 13.3.055, a Therapeutic Use Exemption remains required and

the procedure foreseen in the Chapter IV of the UCI Anti-Doping Rules has to be

followed.

13.3.057 The following penalties may be imposed by the UCI Disciplinary Commission in the

event of an infringement of article 13.3.052: suspension from eight days to six

months and/or a fine of CHF 1,000 to CHF 100,000; in the case of a second offence

within two years of the first: a suspension of at least six months or lifetime

suspension and a fine of CHF 10,000 to CHF 200,000.

The penalties shall apply to any licence-holder found to have committed the violation

or to be an accomplice; application of article 1.1.086 is reserved;

13.3.058 In addition to the sanctions stipulated in article 13.3.057 the following shall apply:

1. In case of infringement of article 13.3.055 all results obtained by the rider in

the 48 hours period shall be disqualified.

2. In case a violation of article 13.3.052 occurs at a race the licence holder(s)

concerned and, where appropriate, the whole team of the licence holder(s) at

fault may be excluded from the race; in this respect the possession of objects

used or fit for an injection shall be presumed to constitute evidence of a

violation of article 13.3.052 having been committed except if the objects are in

the possession of the medical doctor who has made the report referred to in

article 13.3.052.5 and are covered by such report and except for those objects

that may reasonably be in a medical doctor’s possession. The exclusion may

be decided by the president of the commissaires’ panel after having given the

persons concerned the opportunity to be heard or by the president of the UCI

Disciplinary Commission upon report by the president of the commissaires’

panel.

Is he one of your athletes Jeroen?

This logic fails me. 

Rules are written by lawyers with Loopholes

Rules are written by lawyers with Loopholes

Aah, as always, part of the prosecution...

 

The rules pertaining to 13.03.052 apply to both in and out of competition periods.

 

Rule 13.03.052 is a sub clause relating to rider or full team being withdrawn from races following a violation of the no needle policy. It refers to additional sanctions not covered in 13.03.057.

 

Hence the words "In addition to..."

 

This is not at all ambiguous.

 

Full rules follow.

"

13.3.052 The injection of any substance to any site of a rider’s body is prohibited unless all of the following conditions are met:

 

...

So, in short what you are saying is that even if it was out of comp he should have had a needle with him?

Not stirring, seriously trying to understand what's going on here.

Is he one of your athletes Jeroen?

No

So, in short what you are saying is that even if it was out of comp he should have had a needle with him?

 

Not stirring, seriously trying to understand what's going on here.

Needles are prohibited at all times.

Is he one of your athletes Jeroen?

So, in short what you are saying is that even if it was out of comp he should have had a needle with him?

 

Not stirring, seriously trying to understand what's going on here.

I think you've both misunderstood what The Doctor has posted. He's saying that according to the rules the needle is not allowed whether in or out of competition. On that basis the CSA ruling would be incorrect.

So we had a few nincompoops as members of the Disciplinary Commission!!     

Just in case my first post was not clear.

As far as the UCI rules are concerned the CSA ruling is incorrect.

The policy and appropriate sanction apply irrespective of whether the rider is found with needles in our out of competition.

i.e. at any time.

I think you've both misunderstood what The Doctor has posted. He's saying that according to the rules the needle is not allowed whether in or out of competition. On that basis the CSA ruling would be incorrect.

Cool, typo my side. That's how I understood it. So: what's the deal then here if the rules are that clear cut?

Just in case my first post was not clear.

 

As far as the UCI rules are concerned the CSA ruling is incorrect.

 

The policy and appropriate sanction apply irrespective of whether the rider is found with needles in our out of competition.

 

i.e. at any time.

Thanks. 

So what's going on here then? Rules seem pretty clear cut to me and therefor no room for interpretation or error. 

Just in case my first post was not clear.

 

As far as the UCI rules are concerned the CSA ruling is incorrect.

 

The policy and appropriate sanction apply irrespective of whether the rider is found with needles in our out of competition.

 

i.e. at any time.

How can CSA make such a ruling then? They think they can go above the "law" in terms of having their own ruling (which is not correct) stand. 

It's a big bloody joke.

Sigh...

Ya... This is bulsheet...

If he can get off for breaking the rules, then so should I.

Then i can do Epic again.

Aah, as always, part of the prosecution...

You have to admit, the statement below comes straight out of Saul Goodman's book of loopholes.

The thing is it sounds like he got off on a technicality (loophole), they should in addition to the legal mumbo jumbo give a good reason or explanation of the circumstances.

It was confirmed that Mr Croeser’s possession of syringes and needles prior to the 2015 UCI MTB World Championships in Andorra in September 2015 was not in contravention of any rules regarding anti-doping, the use of illegal substances or the “no needle policy” (UCI Medical Rule 13.03.058 (2) specifically states “In case a violation of article 13.3.052 occurs at a race”, whereas the needle discovery was days before the race while the rider was training).

Flippit...!!!

I shoulda called Saul...

UCI will appeal CSA's decision...it will be overturned....we (CSA) will be the laughing stock!!!

what has rourke said about this all? what was his excuse for having them on him ?