France’s AFLD Postpones Action On Landis Case

The French anti-doping agency (AFLD) announced a postponement of the Floyd Landis case today, after Landis agreed to not race in the country during 2007, putting off a decision in the case until after the US proceedings take place, as long as that happens before the end of June.

While announcing the decision to postpone the hearings, Phillippe Bordry, head of the AFLD told reporters, “He [Landis] understood perfectly that if he didn’t act today, we would start the procedure immediately. We will let Landis defend himself as he wishes before the USADA.”

With the American case to be heard starting on May 14, the move by the French agency puts some pressure on the US Anti-Doping Agency (USADA) to bring the case to a conclusion before the end of June. However, the arbitration panel is independent of USADA and may follow it’s own timeline — regardless of any pressure to complete its duties by a specific date.

According to articles yesterday from the Associated Press and other news agencies, a final decision in the case had been expected today. Landis spokesman Michael Henson said in a news conference yesterday morning, “Our hopes are that they will stay the proceedings until after the USADA hearing.” Those hopes have apparently been realized.

A lawyer representing Landis at the hearing read a letter in which Landis said, in part:

“In this case, and in order to avoid any misunderstanding, I agree to voluntarily not participate in any professional or amateur cycling event in France until December 31, 2007, and in particular the Tour de France 2007.”

After the decision was announced, Henson told the Associated Press:

“Floyd is pleased that the AFLD has agreed with his council’s request that they suspend this proceeding until the (USADA) hearing is held in May.”

Adding:

“Simultaneous proceedings in the US and in France risk the possibility of an inconsistent application of the rule. The AFLD’s willingness to hear this case in a serial rather than parallel manner is significant for the overall fairness.”

Had the proceedings in France started, Landis would be facing a two-year suspension from racing in the country. France has ratified the World Anti-Doping code, which in essence gives the agency government backing to apply its sanctions. A sanction from the AFLD would only apply to races in French territory, however. The United States has not yet ratified the World Anti-Doping code.

Landis may yet face the awkward situation of a ban in France, even if he wins in his US arbitration case, according to the AFLD’s Bordry. According to the Associated Press, Bordry said:

“We are absolutely not tied to the USADA’s decision as France has ratified the world code, not the United States.”

Judging by what Bordry said, it’s easy to agree with Phil at Spinopsys, who observes,

It’s funny but but looking back we should have seen that this has always been in the hands of the French – their race, their lab, their media, their rules, their sporting politics

However the upcoming hearings in the United States and France are resolved, only the UCI can strip Landis of his 2006 Tour de France victory. And the UCI will base its decision on the outcome of the US proceedings, along with the expected appeal to the Court of Arbitration for Sport.

In the end, the French agency has found a way of saving face, while preventing Landis from racing this year’s Tour. Landis’ appearance in future tours now hinges on the decisions taken by the US arbitrators, the CAS and the AFLD over the coming months.

Bordry has clearly stated that the agency doesn’t feel bound by the decision of the USADA proceedings, which is not to say he and the AFLD couldn’t review the decision and determine that it conforms to how they would also decide the case. Meanwhile, Floyd Landis and his defense team prepare for the May hearings, while another story about B samples is beginning to heat up (also discussed over at Trust But Verify). Rant’s take on that will be discussed in the next installment.