CAS FULL REASONED AWARD IN CASE OF JAMES STEWART

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Edited Date/Time 5/23/2015 1:48pm
http://www.fim-live.com/en/article/cas-full-reasoned-award-in-case-of-j…

On 12 December 2014, the FIM International Disciplinary Court (CDI) found that Mr Stewart, Jr. who tested positive for amphetamine at the round of the 2014 Monster Energy AMA Supercross, an FIM World Championship, held at the Century Link Field, Seattle, Washington, had committed an anti-doping rule violation under the FIM Anti-Doping Code.

Mr Stewart has been sanctioned by the FIM CDI with a period of ineligibility of 16 (sixteen) months commencing on 12 April 2014 (date of the collection of the sample) and ending on 11 August 2015 at midnight.

After the full Decision was notified to Mr Stewart, Jr. on 12 December 2014, he filed an appeal against the FIM CDI decision before the Court of Arbitration for Sport (CAS), based in Lausanne.
On 27 April 2015, the CAS issued its full reasoned Award in the case of James Stewart, Jr. v. the Fédération Internationale de Motocyclisme (FIM) (attached).

The CAS upheld the FIM CDI Decision confirming the 16-month ban imposed by the FIM CDI on James Stewart, Jr.

Read the CAS Full Award James Stewart v FIM HERE
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KlootZak
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5/21/2015 2:04pm Edited Date/Time 5/21/2015 2:09pm
Reading through the document, it is very clear that FIM / WADA/ CAS/ WhatEverIDontCare is very butthurt that Stewart rode nationals after the positive test from supercross

It is an interesting article though. Finally some hard facts instead of rumors or anything

Stewart contacted a doctor about ADHD after his crash in Thunder Valley when the reporter crossed the track. I remember most of the forum were saying that the photographer had nothing to do with it ... Looks like he really lost focus and then things went bad.
kongols
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5/21/2015 2:14pm
Interesting read. Butthurt FIM is the right word.
Fraser
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5/21/2015 3:26pm Edited Date/Time 5/21/2015 3:27pm
I've not read the full report yet, but I suspect neither have some of the above that are once again using this to vent their Xenophobia.

Lets face it the diehard JS fans that will never accept he did anything wrong are not about to change their opinions now, whatever that report says.

Where's JS's full and honest in-depth explanation for his fans that he promised he'd write as soon as all this was over? He's got nothing to say on the subject as usual.

Its the JS fanboys that are still butt-hurt (and RV of course), not the FIM.
5/21/2015 3:26pm
I love TC222 but I just wonder if it was TC222 or JH84 would it have been handled the same?

I mean, honestly. What does everyone think?And I HATE to think like that but I just can't help but think it would have been different.

It bums me I even think that but I'm just being honest.

The Shop

A. DLeary
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5/21/2015 3:34pm Edited Date/Time 5/21/2015 3:36pm
Fraser wrote:
I've not read the full report yet, but I suspect neither have some of the above that are once again using this to vent their Xenophobia...
I've not read the full report yet, but I suspect neither have some of the above that are once again using this to vent their Xenophobia.

Lets face it the diehard JS fans that will never accept he did anything wrong are not about to change their opinions now, whatever that report says.

Where's JS's full and honest in-depth explanation for his fans that he promised he'd write as soon as all this was over? He's got nothing to say on the subject as usual.

Its the JS fanboys that are still butt-hurt (and RV of course), not the FIM.
I have read the entire report.
I have no problem with a 1, 2 or even 4 year ban for PED use.

I have a problem with allowing an organization to run the disciplinary side of things that would make it nearly impossible for someone with less money than Stewart to even afford a hearing. it's a major problem when the FIM does not even have an office in the states to hear disciplinary measures for someone who couldn't afford to travel to the FIM.

I'd like it so that every rider, regardless of money, be able to get a fair hearing. Not just someone with money who can afford the foreign travel costs.... Just my opinion.
dak446
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5/21/2015 3:35pm
Stop yelling.
5/21/2015 3:40pm Edited Date/Time 5/21/2015 3:41pm
This made me laugh He did win one of those races

5/21/2015 3:42pm
This is what happens when you allow emotion to influence a business decision.
The other way to describe it is simple: Unprofessional.

That's too bad, in a sport that could use a whole heaping spoonful of professionalism to catapult it to the next level.

Smh,

Doug
VicDaMoan03
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5/21/2015 3:45pm
Very buthurt about Steward competing in the nationals. I like their comment about James competing in the 2014 nationals:

"though without any great success"
TeamRags
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5/21/2015 3:52pm Edited Date/Time 5/21/2015 3:53pm
I find it interesting in James's appeal that he was requesting reimbursement for legal costs and other related expenses. I believe there was no way in hell the FIM was going to overturn his suspension and born the expenses. James probably lost his appeal on that request alone.
5/21/2015 4:08pm
You idiots are an embarrassment to US motocross. The facts are, James KNEW the rules, BROKE the rules, and then ignored the FIM ban after he was caught. He is lucky the punishment was not worse than it was.
dak446
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5/21/2015 4:10pm
This made me laugh [img]https://p.vitalmx.com/photos/forums/2015/05/21/91835/s1200_stewie.jpg[/img] He did win one of those races
This made me laugh He did win one of those races


This is an example of a handful of incredibly unprofessional comments made in this document. Any organization affiliated with the FIM should be seriously reconsidering its relationship.
5/21/2015 4:13pm
Incredibly unprofessional, you mean, like using a banned substance?
Fraser
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5/21/2015 4:14pm
You idiots are an embarrassment to US motocross. The facts are, James KNEW the rules, BROKE the rules, and then ignored the FIM ban after he...
You idiots are an embarrassment to US motocross. The facts are, James KNEW the rules, BROKE the rules, and then ignored the FIM ban after he was caught. He is lucky the punishment was not worse than it was.
At last a voice of reason
Fraser
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5/21/2015 4:15pm
Fraser wrote:
I've not read the full report yet, but I suspect neither have some of the above that are once again using this to vent their Xenophobia...
I've not read the full report yet, but I suspect neither have some of the above that are once again using this to vent their Xenophobia.

Lets face it the diehard JS fans that will never accept he did anything wrong are not about to change their opinions now, whatever that report says.

Where's JS's full and honest in-depth explanation for his fans that he promised he'd write as soon as all this was over? He's got nothing to say on the subject as usual.

Its the JS fanboys that are still butt-hurt (and RV of course), not the FIM.
A. DLeary wrote:
I have read the entire report. I have no problem with a 1, 2 or even 4 year ban for PED use. I have a problem...
I have read the entire report.
I have no problem with a 1, 2 or even 4 year ban for PED use.

I have a problem with allowing an organization to run the disciplinary side of things that would make it nearly impossible for someone with less money than Stewart to even afford a hearing. it's a major problem when the FIM does not even have an office in the states to hear disciplinary measures for someone who couldn't afford to travel to the FIM.

I'd like it so that every rider, regardless of money, be able to get a fair hearing. Not just someone with money who can afford the foreign travel costs.... Just my opinion.
That's a fair point, I totally get that.
ML512
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Fantasy
5/21/2015 4:17pm
Am I the only one that read points 7-17 very carefully? Him failing to turn in his FIM paperwork before the first round, false information on the paperwork and falsely claiming he had a TUE when the first outdoor drug test rolled around...
gsxrcr28
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5/21/2015 4:17pm
Mitch Payton and Ozzy have both spoken out about not wanting the FIM involved with Amercan racing, I wonder how many other team managers feel that way.

All that mess over something he is now approved to race with. Smh
nytsmaC
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5/21/2015 4:18pm
This made me laugh [img]https://p.vitalmx.com/photos/forums/2015/05/21/91835/s1200_stewie.jpg[/img] He did win one of those races
This made me laugh He did win one of those races

dak446 wrote:
This is an example of a handful of incredibly unprofessional comments made in this document. Any organization affiliated with the FIM should be seriously reconsidering its...

This is an example of a handful of incredibly unprofessional comments made in this document. Any organization affiliated with the FIM should be seriously reconsidering its relationship.
Yup, just proves that they are/were jilted and had an agenda. Pathetic. You'd think that they would at least pretend to be unbiased but it's easy to see that there was never any hope for James with them.
BAMX
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5/21/2015 4:21pm
You idiots are an embarrassment to US motocross. The facts are, James KNEW the rules, BROKE the rules, and then ignored the FIM ban after he...
You idiots are an embarrassment to US motocross. The facts are, James KNEW the rules, BROKE the rules, and then ignored the FIM ban after he was caught. He is lucky the punishment was not worse than it was.
How did he ignore the ban? He raced in non sanctioned races. Are they sad that they don't control everything?
DownSouth
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5/21/2015 4:22pm Edited Date/Time 5/21/2015 4:25pm
This made me laugh [img]https://p.vitalmx.com/photos/forums/2015/05/21/91835/s1200_stewie.jpg[/img] He did win one of those races
This made me laugh He did win one of those races

He won High Point. The races mentioned were the ones he raced after the failed test and provisional suspension were announced.
Rooster
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5/21/2015 4:25pm
It should be three years and not 16 months. They should have stuck with 2 years and then given him an extra year for racing the nationals while suspended.

He broke the rules and I for one don't buy the excuses for a second. Not. One. Second.

Lots of other guys have been suspended for doping violations by the FIM. They all got two years and didn't bitch and moan and whine like they deserved special treatment. Stewart is fucking lucky he got what he got and it wasn't much worse.
5/21/2015 4:30pm
BAMX wrote:
How did he ignore the ban? He raced in non sanctioned races. Are they sad that they don't control everything?
Just as the AMA is the US affiliate of the FIM, USADA is the US affiliate for WADA, and USADA is a signatory to the World Anti Doping Code. If WADA bans an athlete, they are banned everywhere and in all sports.

Any more questions?
Fraser
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5/21/2015 4:36pm
ML512 wrote:
Am I the only one that read points 7-17 very carefully? Him failing to turn in his FIM paperwork before the first round, false information on...
Am I the only one that read points 7-17 very carefully? Him failing to turn in his FIM paperwork before the first round, false information on the paperwork and falsely claiming he had a TUE when the first outdoor drug test rolled around...
No you're not. There's lot of blatant lies from JS here, Guess you guys don't want to see it and prefer to protect him with the 'just a paperwork issue' line. Point 9 of the background information states that even though JS had been taking adderal since 2012 twice a day, he signed the FIM medical history form on 17 January 2014. In it he replied 'NO' to the question ' do you take any medicine or drugs regularly'.

That's not a paperwork issue, that's lying to the FIM. Why the hell did he do that?

On June 17 2014 at thunder valley he told the AMA he had a TUE for Adderall which was not the case. Again, why would he lie to the authorities? The AMA should also have banned him for that.

I'm only 2 pages in and it's not looking good

That_Guy
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5/21/2015 4:40pm
You idiots are an embarrassment to US motocross. The facts are, James KNEW the rules, BROKE the rules, and then ignored the FIM ban after he...
You idiots are an embarrassment to US motocross. The facts are, James KNEW the rules, BROKE the rules, and then ignored the FIM ban after he was caught. He is lucky the punishment was not worse than it was.
heres the smart guy.stewart knew the rules and if he didn;t that is no fault but his own he has a team of lawyers advisers andgroupies and not one of them read or undrstood a rulebook? he should fire his entire legal and advisor team then. why is he paying them? the fact is one of two things either stewart and everyone in his inner circle is ignorant or they just believed they were above the rules and will never be caught
any cop lawyer or judge will tell you ignorance of the law is no excuse for breaking the law
next time you run a red light and a cop stops you tell the cop you didn't know red means stop and see if he lets you go
5/21/2015 5:30pm
having read the statement of facts, I can't see why JS bothered to appeal, he handed in his paperwork at the start of the season late, lied on it, then when he got tested, he tried to apply for the TUE on the monday after,
FreshTopEnd
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5/21/2015 5:55pm Edited Date/Time 5/21/2015 5:57pm
Well, the FIM pushed the issue (didn't have to) whether it governed MXSports and AMA Pro Racing, and it lost. All over whether 4 rounds of the national matter in some way to a guy who didn't finish that series. That's purely a political pissing match there.

The discussion about them trying to appeal their own decision to extend Stews penalty is comical. Sort of.

I understand the "nothing to lose" value of appealing something that appears hopeless, but Stew was dead in the water, Nothing about what the panel said on the doping violation is new or really controversial to anyone who made a modest effort to understand it. The novel part that will get attention is the discussion of how the business of racing is divvied up.

The guys who heard and decided this are pretty sophisticated business people, used to dealing with people who pursue their interests with excellence. They must have wondered where this group of knuckleheads came from; it can't have left a very good impression of the sport.
5/21/2015 6:17pm
I think they are overlooking one vital fact.

James could claim that he didn't read the paper work correctly / apply for the TUE because... he has ADHD.
seph
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5/21/2015 6:28pm
"Well, the FIM pushed the issue (didn't have to) whether it governed MXSports and AMA Pro Racing, and it lost."

That is yet to be determined, isn't it?
BAMX
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5/21/2015 7:19pm
BAMX wrote:
How did he ignore the ban? He raced in non sanctioned races. Are they sad that they don't control everything?
Just as the AMA is the US affiliate of the FIM, USADA is the US affiliate for WADA, and USADA is a signatory to the World...
Just as the AMA is the US affiliate of the FIM, USADA is the US affiliate for WADA, and USADA is a signatory to the World Anti Doping Code. If WADA bans an athlete, they are banned everywhere and in all sports.

Any more questions?
If that is true....why was he allowed to race by MX Sports?
FreshTopEnd
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5/21/2015 7:26pm
seph wrote:
"Well, the FIM pushed the issue (didn't have to) whether it governed MXSports and AMA Pro Racing, and it lost." That is yet to be determined...
"Well, the FIM pushed the issue (didn't have to) whether it governed MXSports and AMA Pro Racing, and it lost."

That is yet to be determined, isn't it?
Nope. CAS ruled that the FIM can, internally, react to AMA Pro Racing anyway it wants, and it can weigh what an athlete does in in a non-FIM governed series if the athlete is under an FIM license, but as I read it, CAS held the FIM cannot force MXSports to do anything. AMA Pro Racing and MXSports, according to CAS (the entity with thesay on it) is unaffiliated with the FIM and not under the FIM umbrella. If the FIM wants to make its contract arguments, it has to make them in some civil court, but against the backdrop of this award acknowledging that MXSports does not answer to the FIM as a subordinate sporting entity as the AMA itself is and was when it ran racing before it sold AMA Pro Racing.

The FIM did not have to press that point, but apparently couldn't help itself.

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