Spanish media reported today that the leading judge, Antonio
Serrano will archive the Puerto investigation. As.com and others said that the decision would be made official on Monday.
According to AS.com Fuentes, Labarta, Batres and Saiz cannot
be charged because the new anti-doping law wasn't in effect yet, when the operacion Puerto started at May 23. 2006. In Serrano's
report it's written: "This case took place because of a lack of fair play to say the least," and continued with: "However,
in contrast to the law in France and Italy, there was no law that penalised doping practices under Spanish legislation at
the time this case was begun."
According to as.com Serrano also writes in his report that court
31 can't proof that Fuentes endangered public health. In the report Serrano wrote: "The fact that the blood to be injected
belonged to the person themselves minimised the risk." Serrano also wrote: "The medications involved were not out of date
nor had they deteriorated nor were they administered outside medical control."
The only athlete who complaint of health problemas after being
treated by Doctor Fuentes was Jesus Manzano but his case was filed earlier as Manzano could not proof that it was the treatment
of Doctor Fuentes which caused his health problems.
The handling of operacion Puerto was questioned again and
again. The judge of court number 19 is investigating the possible falsification of the Puerto documents. This investigation
is not archived and one of the accused is Enrique Gomez. Gomez is the Guardia Civil officer who wrote the Puerto report which
lead to the suspension of several riders, including Jan Ullrich, Ivan Basso and many others like Jörg Jaksche.
Last month Jörg Jaksche told Cyclingheroes: "according to the documents I rode races were I never even started, respectively my team did not start in the
20 years of its existence. During the Tour of Malaysia (Langkawi) I allegedly flew quickly to Madrid for a bloodtransfusion
after I finished and attended at the same evening at dinner in Malaysia. Somebody must have bad daydreams." Jaksche continued:
"I don't know for 100%, but it seems like some dokuments were falsified or souped-up. When my lawyer reviewed the documents
he also saw that it looks like there are strong discrepancies."
At a press conference at february 26 Jan Ullrich said
"The basis for the premature conclusions that have been drawn is a report that the UCI has obtained illegally from Spain.
This report has been falsified several times, there are differing versions. Apart from that, certain people's own opinions
and interpretations have gone into it. And the compilers of the report are now being legally investigated in Spain," the
Olympic Gold medal winner added.
Cyclingheroes will follow the developments and update this
story as soon as we have more information.