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A Cycling Dispute In Supreme Court
posted (July 3, 2018)
Yesterday, we told you how the local cycling community had a major disruption when the Cycling Federation had to cancel Sunday's National Road Championship race with only 1 day's notice.

That's because the elite cyclist, Brandon Cattouse, and his attorney got an injunction last week Thursday. Justice Sonya Young barred cycling authorities from rejecting Cattouse's application to ride in the race.

He's currently on a provisional indefinite suspension from the National Anti-Doping Organization after he tested positive for a banned substance at the end of April.

So, rather than let a banned rider into a UCI sanctioned race, the Cycling Federation took the best option they saw available and postponed the entire race. They did thinking that if they allowed him to ride, they themselves would run afoul of the rules of the their own governing body.

Attorneys for Cattouse, the Cycling Federation, and the NADO all appeared before Justice Young for a follow-up hearing this afternoon, where both sides got an opportunity to present arguments as to whether or not she should extend the injunction indefinitely. That hearing lasted for just over 2 hours, and it was ultimately decided that the injunction should be lifted. When Cattouse's attorney exited court, we asked him for a comment on today's case, and he was brief and general while explaining the outcome of the arguments. Here's what he had to say:

Hector Guerra, Attorney for Brandon Cattouse
"The bigger context is that arbitration proceedings have been taking place between Mr. Cattouse and the National Anti-Doping Organization. Our position is that my client, Mr. Brandon Cattouse, has been treated unfairly and has been deprived of his right to a fair trial."

Reporter
"Why you say that he has been treated unfairly?"

Hector Guerra, Attorney for Brandon Cattouse
"We say that certain documents that are crucial to secure his right and that are crucial to vindicate him have not been provided to my client."

Reporter
"So is he disputing the drug test and the suspension?"

Hector Guerra
"Yes. In essence we say that the entire procedure being followed by NADO Belize is unfair and as a result, the finding should be quashed."

Reporter "So what's the next step from here?"

Hector Guerra
"I will now meet with my clients and we will need to discuss what the next step is."

NADO's attorney, Darrell Bradley, was more forthcoming, and he told us that the court discharged the injunction on the premise that Cattouse is already being given natural justice in the form of an appeal process before a highly regarded arbitrator out of Spain. Here's what Bradley had to say on the topic:

Darrell Bradley, Attorney for National Anti-Doping Organization of Belize
"The claimant, Brandon Cattouse, applied to the court to continue an ex parte injunction that he obtained the 28th of June. At the conclusion of the hearing, the judge discharged the injunction and the defendants prevailed in the matter. I think that the judge though was rightly concerned about any impact in relation to delay to have a rider in something as important to our country as cycling out on suspension for any prolonged period."

"The judge was gracious enough to make a few comments in relation to hopefully seeing that the arbitration process which is ongoing. An arbitrator has been appointed from the regional anti-doping organization, an individual out of Spain and he is in communication with the parties both Mr. Cattouse and the head of the NADO to provide information and so forth and hopefully this matter could be dealt with as quickly as possible."

"There is precedent in our country for dealing with this. This is not the first athlete that has tested positive for a ban substance and there is extensive regulation rules in terms of how one deals with this and our responsibility is just to ensure that whatever natural justice and due process there, is afforded to him and this matter can be resolved as quick as possible."

Reporter
"We just spoke to his attorney and we understand his stance to be that they dispute the test, the procedure and the suspension. Does your clients stand by the position they've taken with Mr. Cattouse?"

Darrell Bradley
"I wouldn't say that they stand by the position. Those decisions, the procedure, the protocol is clearly outlined in the world anti-doping code. So that there is an extensive document that is 164 pages that says exactly what is to happen and whenever a rider or any athlete in Belize test positive for a ban substance, the country is required by our treaty obligations to impose a mandatory provisional suspension. So it's not a situation where anybody decided to suspend him or anybody really wanted to suspend him. That is something that is in black and white. It is our treaty obligation and it was really a mandatory requirement of the national anti-doping association and the next step would be that that matter be referred to the regional organization for a hearing before an arbitrator that has been done and we hope that this matter could be resolve so that either the provisional suspension would be upheld or he would be exonerated. But he would make representation before the arbitrator."

"I want to emphasize that the testing procedures are very solid. I put forward in an affidavit the testing kit, that's produce by a Swiss company and that thing is tamper proof. The allegations that are made really are unsubstantiated. How can one really tamper with something which has been specially designed to be tamper proof and the test was done by the UCLA's Olympic laboratory and that's a WADA approved laboratory."

So, the bottom-line at this time is that Cattouse's provisional suspension stands, and he will carry on with his appeal. The injunction is lifted, and the Cycling Federation can hold the National Road Championship Race at any time of their choosing. As far as we are aware, no new date has been set as yet for this race.

Cattouse was banned after a positive test for EPO, which is a blood boosting agent that has become the subject of cycling scandals all across Europe. It increases the number of oxygen-carrying cells in the blood, and is purported to give cyclists more power and endurance.

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