Giro d'Italia 2015 stage - 8
  • jules

    Hendo can just wait for Aru to get popped and then claw the damages back with counter action :)

    • CC

      I can’t help but to think of the ghost of Lance…

  • Ringo

    This is a joke, right? The guy rides for Astana, and he’s worried about what people think about his ‘good name and integrity’…..

  • Simon

    A salutary lesson for everyone regardless of any strong suspicion you may have. Don’t post comments in the heat of the moment, sleep on it then think twice again.

  • sps12321

    They were insinuations at best not accusations. The first tweet anyways “Sad to see @fabaro1 “sick”. Mate make sure next time u come back to our sport “healthy”. Aka. Clean! #biopassport! Or don’t come back!” (plus it got the Twitter handle wrong so could argue not directed at Aru).
    2nd tweet doesn’t mention anyone at all just exasperation for the sport: “I am so sick of it. It becomes common knowledge within days. Why try cheat.”
    Appology tweet could be an appology to Aru for it looking like it was directed at him (fabioaru1) and not (fabaro1) “When you are sick. You are sick. Jumping to conclusions helps nobody. My mistake @FabioAru1. I should shut my mouth. Sincere apologies.”

    I’m reaching a bit…

    • jules

      I don’t reckon Fabo has much of a case here. It’s pretty ambiguous/cryptic.

      • Sean

        Hendo should give the scrawny little twerp a massive hook next time he swings off from doing a lead out.

        • JoshLyons

          Idiotic thug!

          • ummm…

            who aru or hendo?

            • JoshLyons

              No, you of course. Obviously you lack the mental capacity to understand cycling. It’s not boxing…that mindless sport…a bit like you.

              • ummm…

                did i mention boxing? sorry just got back to this thread. I don’t mind you calling me dumb. However, what exactly bothers you about my points? I think you and I have similar perspectives of pro sport. BUt we differ on this issue. Where?

      • Sam

        Disagree. They plainly carry the imputation that Aru is a doper. “make sure you come back to our sport… clean”? Don’t know what jurisdiction(s) we’re talking about here in but in Australia – plainly defamatory.

    • Daniel

      The tweets were clearly defamatory. Anyone who read them would be left with the suspicion that Aru was potentially doping. The only way that I could see Henderson succeeding in defending it would be to plead “truth” (assuming that the law over there is similar to here) and show that there is genuine reason to suspect that Aru is doped.
      Still, it’s not a good look for Aru to be suing. Shades of Armstrong is not what the sport needs.

      • ummm…

        i was left with the suspicion that Aru was doping before the tweet. I’ve read my history on cycling. But, this defamation business is purely legal. Aru should sue himself for making himself look like a bigger tool while he is at it. I just want them to peddle their little bikes and keep doing epo until their blood is syrup – just as long as they go fast on nice bikes. I wouldn’t have my kid waste their life being a pro athlete. It is only about the money because their is no honest competitor. If these guys stop patronizing us with their protest of being clean, then maybe I’d have more respect. Until then, shut up and play your game for loads of cash and make me smile. If they dont like my attitude quit or ignore me – but entertain me.

  • sps12321

    Libel laws vary by country for a case like this which laws matter? The place the tweet was sent from? The place the server it was stored on was? The place it was sent to (the recipient)? Where the headquarters for the website it was posted to is?

    • jules

      I suspect it may be that damages are limited to libel suffered in the state under which the case is brought forward. I.e. if you sue in Italy, you can’t claim damages for losses suffered in France. (this is a guess, I’m not a lawyer) I don’t think it’s relevant where the tweet was sent from – if it was available to people in a country and appellant suffered damages as a result, that’s what counts.

      • sps12321

        I was thinking about the Walsh and Ballesteros book “L.A. Confidentiel : Les secrets de Lance Amstrong” which they published in France because of the different laws there so wondered how that applied to the online world. Ie “where is a tweet published”. Presumably if you win damages in 1 state you could bring the same case forward in others.

        • jules

          the book wasn’t translated into English, nor sold in English-speaking countries with stricter libel laws. that was a deliberate tactic to limit their exposure.

          i would have thought that wouldn’t have guaranteed immunity from legal action in the US, England, Australia, etc. – but it would have been difficult to demonstrate damages. how many people in those countries would even have read it?

          • sps12321

            That makes sense.
            I thought it was purely based on where it was published but what you say sounds right.

            • jules

              i believe it’s linked to the fact that you have to be responsible for spreading the damaging message. i can call you something to your face, but I’m not liable if someone who hears it repeats it to 1 million people. that would be their problem/liability. in the same way – if I publish a book in France and someone else re-sells it in Italy without my permission, I suspect they are the one who is responsible for damages in Italy. but the internet has no borders, so you’re publishing your message globally.

          • Paul Jakma

            There is an english translation. With a bit of googling you can find copies.

  • Owen Dixon

    Whatever happened to accepting an apology? It will be interesting to see them prove he has suffered any loss or damage as a result of GH’s initial tweet.

    • sps12321

      In a sport where reputation is huge he could argue that a well respected voice can have serious negative impact on future contracts and therefore earnings. That said hard to argue that being associated with Astana right now doesn’t have a far larger impact.

      He should have taken the appology as him blowing this up is way more damaging than the initial 3 tweets

      • ummm…

        reputation is huge in cycling? reputation as a doper maybe.

    • A

      Whatever happened to thinking before publishing defamatory material?

      • Owen Dixon

        Fabio Aru fan A? What this action represents is an emphasis and preference for punishing people, rather than seeing this for what it is, a momentary lapse from GH and enabling a process of reconciliation and forgiveness. These may sound like quaint and secondary concepts to you, but they matter, particularly in sports.

        • A

          No not a fan at all – but not a hater either. I agree with your sentiment and wider implications, however the world as it is is a place where you have to be accountable for such lapses.

          Regarding the apology it is worth noting that Hendo has not done so face to face despite opportunity… I guess it may be difficult as he obviously believes what he initially wrote, which hey may well be the truth in the matter.

          • ummm…

            The world is a tough unfair place. Law is not blind. This little twit is a pro athlete. That basically entails PEDs. No more harm was done to his reputation, unless some very naive observer just found out that pro sports is dirty.

  • Mikael_L

    “they are seeking to protect the good name and integrity of the rider plus his team.”

    Still trying to get past that statement to be honest…

  • Atganirider

    Where do I send a donation to the Henderson defence fund?

    • Sean

      You can send lots of money direct to him via me.

    • Dave

      Aaron Brown might have something set up soon.

    • ummm…

      I really want to as well. Please post if somebody sets one up. I’d even throw in a couple of extra bucks so hendo could buy himself some drugs too. I love cycling. But when it comes to pro cycling I love to see these morons tie themsleves in knots with their hypocrisy. Id like to help all pro cyclists buy clean syringes etc if it kept me entertained by their patronizing and protestations of innocence.

  • Phillip Mercer

    Since when does Astana have a good name to protect? Clearly Aru had a special type of dysentery that made him come back stronger than ever. I associated that condition with weakening a person.

    • ena

      Certain rider won the tour of Romandie last year while also being ill. It seems the illness does not affect the performance these days.

      • Dave

        A certain rider whose national federation boss is also the President of the UCI?

        The more that changes, the more things stay the same.

  • Sam

    It’s a strategy that relies almost entirely on forcing Hendo to back down and issue an apology… There’s no way Astana want a full-blown trial which tests the truth of these accusations. They’re banking on him not having the cash or the stomach for a fight.

    A crowd sourced fighting fund would make things interesting.

    • Anto, NZ

      Exactly, I’d have my wallet out to help him fight the case!

    • Dave

      If it were a suit brought under Australian defamation law* then all that Aru needs to show is that it was defamatory and that the damages claimed are justified. If Henderson was to defend it on the basis of it being true, the onus would be upon him to substantiate that defence.

      Other countries’ defamation laws may work differently.

      * hint hint Shane, any lawsuit stories need to include at least one mention of the jurisdiction!

      • Sam

        Nonetheless – if Hendo were able to take the matter to trial and plead that defence, we’d have a full blown trial testing the truth of his claims. That would mean everything relevant to the truth of those claims is on the table – imagine the material Astana would have to potentially hand over! No way they want anyone digging around.

        • Dave

          No, if this were the case under Australian law it would be up to Henderson to substantiate his defence.

          Aru’s lawyers would only need to produce that which they would find useful to cast doubt on Henderson’s defence.

          • jules

            but couldn’t Henderson’s lawyers put Aru on the stand? i’ve seen this on Law and Order :)

            • Dave

              The trouble with fictional lawyers is that they are unfortunately only good for fictional wins ;-)

          • Sam

            And what sort of material would Henderson be able to discover and/or subpoena? Everything relevant to those allegations, subject to privileges.

  • Michael Sproul

    Thank God Aru managed to recover at all, guys he really really did sound very sick, amaaaaaaazing to recover from such an illness and be able to ride at all…

  • Derek Maher

    In the cut throat world of sporting sponsership its so easy to destroy a sporting rivals reputation by innuendo and throw away allegations.
    Once the seed has been planted in public no matter if a person is a saint their good name has been damaged.Plus useing the internet means the dished out allegation is there for ever.

    • Judge Judy

      This is an oft stated justification for over zealous, litigious and vexatious suppression of personal opinion, with the refusal to consider resolving matters in any alternative fashion, or even to accept a sincere apology. An opportunistic attempt to make some money out of GH is all this is. It’s sad some have learnt from your good friend Mr Armstrong and seek to act this way.

      • A

        LA case did not change the basis of law. You just can’t say what Hendo said. How is it even debatable???

        • ummm…

          why can’t we? Unless you have already tried the case then we don’t know. If I was Aru I may be upset. First thing I would do would be to hide my PEDs and then enroll in university so I don’t make an ass out of myself for the rest of my life. The smart/innocent ones usually don’t make it as far as he has. Look into the man that discovered him. Such evidence begins to weigh against him.

      • JoshLyons

        What a load of rubbish…”accept a sincere apology?” From someone who just tried to slander you globally? Hendo did what he did with malicious intent and that’s clearly slander. Unless he can now prove that what he said is fact, he will pay. Damn good lesson to all professionals to actually act like one.

        • ummm…

          Thin skin…shaky character.

          • JoshLyons

            Actually very thick skinned – and obviously not as stupid as you either. Just look at you hiding behind your “ummm” anonymity and talking about thin skin. What a laugh.

            • ummm…

              If you send me your email, I’ll send you my real name. However, I have strong opinions at times. I try to convey them with respect – not always successful. I dont like to take a chance that some people are vindictive. But, since you have the spine to out yourself then I’d give you equal footing. Send me your info and ill send you mine.

    • ummm…

      oh please. we are talking about cycling fans and sponsors. All those that care about the appearence of doping are gone or on the way out.

  • Neuron1

    What I find most interesting is that other than the Iglinsky brothers at the Pro Tour level, there have been no “positives” on Astana for quite a while. The riders that were implicated are currently on other teams, ie Contador and Kreuziger, Armstrong. They had different DS and different trainers. Why should riders who have not been implicated be punished for sins of the past. I don’t believe that Nibali, Westra or Fulgsang have been implicated.

    • ummm…

      do they have to be for you to be suspicious? It is pro sport. Why wouldnt they be? You can still be engaged in the story and effort these men/women give to us without being naive.

  • haitch

    People need to think of Twitter as a publishing platform, because that’s what it is. Hendo is a great rider, seems like a good guy and he’s probably got far better intentions than the usual Twitter cycling rabble, but how does saying something like that help anti-doping efforts? Like, if he actually has anything more than a hunch, isn’t that what the much-derided hotline is for? God knows the UCI seemed to be looking for reasons to boot Astana, so you’d reckon they’d be receptive to any info.

    • ummm…

      we aren’t really trying to get rid of doping. In fact, it is a losing game when money is involved.

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