Brammeier had a poor TT in Clonmel, but took the road title for the third time today (Photo: Brendan Slattery)
An appeal by new three-time national road race champion Matt Brammeier over his non-selection for the London Olympics was upheld by Cycling Ireland and is still not dead.
However, while the association was forced to re-open the selection process earlier this month, the same riders were still selected meaning Brammeier remained out in the cold.
He has now taken his grievance to the Olympic Council of Ireland.
Just over a week ago it emerged that after Brammeier’s appeal to Cycling Ireland the same riders first selected were going to London to ride the road race, namely David McCann (RTS Racing), Nicolas Roche (Ag2r La Mondiale) and Dan Martin (Garmin Barracuda); with Sam Bennett (An Post-Sean Kelly) as first reserve and McCann to also ride the TT.
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However, stickybottle reported at the time that Brammeier’s appeal forced the reconvening of the three-man selection panel.
We also pointed out at the time that under the Cycling Ireland selection criteria the three-man panel would only be called to meet again in the event that an appeal was upheld.
We suggested the Brammeier appeal was in some way upheld and the selection process was revisited as a result but that the same team was selected anyway after that re-examination. Cycling Ireland declined to comment at the time.
However, it appears that that was exactly what had happened; the appeals panel upheld Brammeier’s appeal and that factor forced the reconvening of the selection panel. But when they met and revisited the selection they picked exactly the same team anyway.
The Olympic selection panel consisted of An Post Ras organiser Dermot Dignam, UCI international commissaire Paul Watson and lecturer in Sport & Exercise Physiology at DCU, Dr Giles Warrington. Geoff Liffey, CEO of Cycling Ireland, acted as chairperson of the selection panel.
The appeals panel was: cyclist and lawyer Aideen Collard, Swim Ireland’s high performance director Shane Keane, Richard Archbold of the Sport Institute of Northern Ireland, Cycling Ireland board member Anthony Moran and Anthony Walsh, a cyclist and barrister who has a Masters in Sports Law.
Brammeier has now taken his case to the Olympic Council of Ireland.
The Omega Pharma-Quickstep rider took today’s national road race title in fine style, taking a solo win just ahead of Nicolas Roche, who is going to the London Olympics.
The other two members of the Olympic team, Dan Martin and David McCann played no part in the TT or road race championships in Clonmel.
Martin decided to take the weekend off from racing in order to rest and recover from a crash at the Critérium du Dauphiné earlier this month. David McCann is just recovering from a chest infection and so was unable to ride.
The selection window closed on May 31st meaning it is unclear if performances recorded outside that window – such as today’s win for Brammeier – would be considered.
However, it would appear that the OCI will only adjudicate on the legality or fairness of the selection process run by Cycling Ireland. The date of the appeal or any ruling from the OCI is unclear.
We’ve included, below, the extract on appeals from Cycling Ireland’s Olympic selection criteria.
Also, here’s the piece we did just over a week ago when news emerged the team had not been changed.
Olympic Appeals Procedure (From Cycling Ireland Criteria)
The Appeals Procedure for the 2012 London Olympic Games is as set out below.
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How to Appeal
The Appeals Process is invoked by making a formal written appeal, either by letter or e-mail to the Honorary Secretary of Cycling Ireland, or, if the Honorary Secretary is unavoidably absent, the Honorary President of Cycling Ireland, in accordance with the dates outlined in appendix A.
The appeal shall detail where, in the opinion of the appellant, the Olympic Selection Panel have failed to adhere to the selection criteria or failed in their duties as detailed under the Grounds for Appeal. Only one appeal per rider is permitted and this must be specific in detailing where, in the opinion of the appellant, the Olympic Selection Panel failed in their responsibilities.
The full costs of convening the panel, including solicitor’s and external expert’s fees, must be met by the appellant if the appeal is rejected. As these costs are likely to be substantial a deposit of €250 is payable in advance of any hearing. This deposit is refundable only if the appeal is successful. Costs accrued by the appellant shall be met by the appellant.
Grounds for Appeal
The grounds for appeal are limited to allegations of:
- Failure to follow due process and/or selection procedures;
- Bias / undue influence.
No appeals are allowed against the content of the published selection criteria and, therefore, against the actions of the Olympic Selection panel provided they have followed the published selection criteria and procedures.
Cycling Ireland Selection Appeal Panel (CISAP)
The Board of Cycling Ireland will select, by the 31st March 2012, a panel of five people to act as the Cycling Ireland Selection Appeal Panel (“CISAP”). The CISAP will include:
- A Performance Director (or equivalent role) of another Irish sport’s National Governing Body;
- A senior staff member from one of the Irish Sports Council, Irish Institute of Sport, Sport Northern Ireland or Sports Institute of Northern Ireland;
- A qualified law practitioner;
- A Board member of Cycling Ireland.
The CISAP will determine from its own members who will act as Chairperson, the Chairperson will have a casting vote. A quorum for the CISAP will consist of any three members.
The CISAP will meet in accordance with the dates outlined in appendix A to accept or reject (based solely on the Grounds for Appeal outlined above) appeals that have been submitted.
Appeal Hearing (where an appeal has been accepted by the CISAP)
There will be one appeal hearing at which all appeals will be heard. At this hearing written appeals originally submitted shall be considered with evidence, either written or verbal, taken from those persons that the CISAP Chairperson deems appropriate and necessary in order to reach a decision. The Olympic Selection Panel will be invited by the Chairperson of the CISAP to outline the grounds for selection of the named riders. The Olympic Selection Panel and any rider who may lose a selected place as a result of the appeal decision will be invited to observe an Appeal Hearing. However, only the appellant and their representative may participate unless the CISAP Chairperson chooses to request evidence from the Olympic Selection Panel and/or the athlete who stands to lose a selected place.
Participation may be in person or by submission of a written statement at the discretion of the CISAP Chairperson and all connected parties will receive a copy of the original appeal.
Every effort will be made by the Chairperson to gather all relevant evidence within this timescale. The Chairperson has sole discretion over the witnesses to be questioned in the interests of a fair and relevant Appeal Hearing. The appellant may be accompanied by one representative only or, where the appellant cannot attend the Appeal Hearing, be represented by one person only.
The Appeal Hearing will be minuted, and an additional person may be nominated by the CISAP Chairperson as Appeal Secretary.
The decision of the CISAP following an Appeal Hearing will be communicated to the appellant verbally following the meeting and confirmed in writing to the appellant within 24 hours of the holding of the Appeal Hearing. In the event of the appeal being successful, the Olympic Selection Panel will meet in accordance with the dates outlined in appendix A to reconsider the selection based on advice from the Appeal Hearing.
The CISAP may not change the selection criteria nor does it have the power to change the selection(s), it can only refer the selection back to the Olympic Selection Panel for their reconsideration.
Any re-drafting of the Irish London 2012 Olympic Cycling Team, should such a reconvening of the selection panel take place, will be final and not subject to any further appeal.
All parties must maintain confidentiality until the ruling is issued and any attempt by either party to publicise the matter will be considered as prejudicial by the CISAP.
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