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WADA Confident Over Re-Opening of Operation Puerto Affair

PARIS, Feb 8, 2008 (AFP) - The World Anti-Doping Agency (WADA) said Friday it was optimistic an investigation into widespread blood doping in cycling, dubbed ‘Operation Puerto, would be re-opened.
The affair erupted in May 2006 following a raid on the Madrid laboratory of Dr Eufemiano Fuentes, which uncovered doping products, bags of blood and codenames which appeared to link top athletes to a highly-organized system of doping via blood transfusions.
So far, only Italy’s top rider, Ivan Basso, has been sanctioned in the affair.
Basso is serving a two-year ban, although dozens of other cyclists - including Spaniards Alejandro Valverde and Tour de France winner Alberto Contador - have in the past been implicated.
Last year the affair virtually vanished under the weight of Spanish legal red tape. But on Friday a decision on whether the case would be pursued or not was due to be announced.
In the event it is re-opened, it could lead to a major investigation being carried out by the bodies that have been appealing for sanctions to be handed down.
WADA’s legal chief Olivier Niggli told AFP: “If magistrates decide the case has to be re-opened it will be handed over to the chief investigating magistrate and the bodies appealing for the affair to be fully investigated, notably WADA and the International Cycling Union (UCI).”
Niggli added however that if the accusations made against Fuentes are dropped, WADA and the UCI “risk losing a huge catalogue of evidence” because it will be handed back to the Spanish doctor.
He added: “(Among the evidence) is bags of blood, the famous red powder hard disks … there is little that can be done if Fuentes decides to throw everything down the toilet.
“All the paper documentation is one thing, but if the final piece in the puzzle goes missing …”
The name of Spanish ace Alejandro Valverde has repeatedly come up in relation to Operation Puerto. The name of 2007 Tour de France winner Alberto Contador has also been linked to the affair.
Niggli added: “It’s no secret there’s a lot of circumstantial evidence against Valverde. But to prove that, we need to carry out a DNA of the bag of blood (linked to the rider).”
He believes however that apathetic Spanish judges could derail WADA’s efforts.
“The Spanish judges don’t care which bag of blood belongs to whom. There’s a big difference in opinions between the Spanish view and everyone else.”
A leading judge in Spain, Antonio Serrano, shelved the entire case last year because at the time Spain lacked the proper legislation to pursue the defendants involved in the case, notably Fuentes.
As a result, it ruled that Fuentes’ practices could not be considered a danger to the public health.
Since then Spain has followed in the footsteps of France and Italy by voting in a new anti-doping law, in November 2006, which means that doping and its related activities is a criminal offence.
Niggli is confident that WADA’s appeal to have the case re-opened will be decided by the facts, and not the timing, of events.
“I’m reasonably optimistic because the whole medical argument of the case is rock solid: you can’t argue that the use of blood tranfusions on people who don’t need them can not be considered a danger to public health.”