French court to hear Boonen case

A French judge is expected to hear arguments on Thursday in Tom Boonen’s bid to overturn his exclusion from Tour de France, the rider’s lawyer said on Tuesday.

Boonen’s attorneys filed a civil court challenge to a decision by the Amaury Sports Organization (ASO) to keep Boonen out of the Tour after he had tested positive for cocaine this past spring. The cyclist’s legal team decided their case stood a better chance in a civil court rather than before the French sports tribunal, in the limited time available before the race starts at Monaco on July 4.

According to attorney Jean-Louis Dupont, the judge in the case is likely to issue a ruling next week.

The 28-year-old former world champion and three-time Paris-Roubaix winner tested positive for cocaine in April, the second time in less than a year. Despite the fact that the drug is illegal, World Anti-Doping Agency rules do not list cocaine as a performance-enhancing substance, unless it is used during competition.

Since both tests were conducted outside of competition, Boonen did not violate UCI anti-doping rules and the UCI declined to pursue other charges based on the assertion that Boonen had brought disrepute to the sport of cycling.

Boonen and his Quick Step team said they would pursue all legal channels to contest this decision, saying they had been helped by the UCI’s decision not to pursue charges.

Boonen, who missed last year’s Tour for similar reasons, still faces possible criminal charges in Belgium arising from the drug test on April 25 2009.

Boonen first tested positive for cocaine in May last year, although he escaped any criminal charges on the condition he would stay away from any future drugs scandal inside a three-year period.

FILED UNDER: News / Road / Tour de France TAGS: Tour de France