Cycling Australia has rejected a request from the UCI to withdraw Discovery Channel sprinter Allan Davis from the Australian world championship team for Stuttgart. The UCI correspondence, received by Cycling Australia on Thursday, cited Article 9.2.002 of the UCI Cycling Regulations as the basis for the request.
Article 9.2.002 states that "A rider against whom an investigation was opened in relation to a fact which may cause a breach of the UCI Anti-Doping Rules, will not be eligible for the World Championships or is not authorised to participate to the World Championships until the end of the suspension or until his definitive acquittal."
In an open letter to UCI president Pat McQuaid, Cycling Australia responded by saying: "Our position is that clause 9.2.002 cited by you does not apply in the case of Allan Davis as there is no charge pending against him nor is there an open investigation of Mr Davis in respect of any possible Anti-Doping violation. Therefore we feel our Federation has no legal basis to remove him from the team."
The letter also noted that the Australian Anti-Doping Authority closed its case against Davis in relation to the Operación Puerto investigation on December 14, 2006 on the basis of insufficient evidence, and that Davis issued a statement on July 28 offering his DNA for testing if required.