UCI INDEPENDENT COMMISSION PROCEDURAL GUIDELINES
General 1.1. Definitions 1.1.1. “The Panel” is The Right Honourable Sir Philip Otton (Chairman), Baroness Tanni Grey-Thompson, and Malcolm Holmes QC. 1.1.2. 1.1.3. 1.1.4. “UCI” is the Union Cycliste Internationale. “The Commission Solicitors” are Macfarlanes LLP. “Counsel to the Commission” are Guy Morpuss QC and Patricia Edwards. 1.1.5. “The Commission” is the Panel, together with the Commission Solicitors and Counsel to the Commission. 1.1.6. “The Inquiry” is the Commission’s inquiry into the matters set out in the Terms of Reference dated 30 November 2012. 1.1.7. “The Hearing” is the hearing to take place from 9th to 26th April 2013, in London. 1.1.8. “Permitted Participants” means persons permitted to participate in the Hearing, under para 6.6.2. below. 1.2. The Panel will, where possible, act unanimously; but otherwise by a majority, with each member of the Panel having one vote. 1.3. The Commission will accept all relevant evidence, but the Panel will give such weight to the evidence as it sees fit. 1.4. The Chairman will, in his discretion, have the power to make decisions in relation to procedural or administrative matters, without reference to the other members of the Panel.
These Guidelines are intended only as a guide to the Commission’s procedures, and are not intended to bind the Panel’s discretion in any way. In any event, the Panel has the power to amend or supplement these Guidelines at any time.
Preliminary Hearing The Panel will consider whether it is necessary to convene a Preliminary Hearing to deal with issues that may arise before the Hearing.
Documentary Evidence 3.1. The Commission will obtain documents from the UCI, in accordance with Section B of the Terms of Reference. 3.2. The Commission will approach persons identified by it as likely to have documents material to the Inquiry, and invite them to provide all relevant documents. 3.3. The Commission will publicly invite anyone else who considers that they may have documents material to the Inquiry, to provide them to the Commission. 3.4. To the extent that a witness or body fails to provide relevant documents which are or which ought to be within their possession or control, the Panel may, if appropriate, draw adverse inferences from such failure.
Witnesses 4.1. Obtaining witness evidence 4.1.1. The Commission will invite the UCI to identify any current or former officers or employees, or any other witnesses who might have documents in their possession or control or evidence to give to the Commission of relevance to the Terms of Reference. In the case of witnesses upon whose evidence the UCI intends to rely, the Commission will invite the UCI to provide written statements from those witnesses.
The Commission will approach persons identified by it as likely to be able to give testimony material to the Inquiry, and invite them to provide a statement.
The Commission will publicly invite anyone else who considers that they may have testimony material to the Inquiry, to provide a statement to the Commission.
The Commission will invite the UCI to identify any witnesses upon whose evidence it does not seek to rely, but who may have relevant evidence. The Panel will decide whether or not to approach such witnesses.
To the extent that a witness who could, in the opinion of the Panel, have provided relevant evidence to the Inquiry, fails, without good reason, to do so, the Panel may, if appropriate, draw adverse inferences from such failure.
Form of witness evidence 4.2.1. All potential witnesses will be invited to provide their evidence in a written statement which they will prepare, in whatever form is most convenient to them. Evidence need not be provided in the form of a signed witness statement, but may, for example, be provided in the form of a letter or email. 4.2.2. Where a witness is unable or unwilling to provide his or her testimony in writing, he or she should contact the Commission Solicitors (at firstname.lastname@example.org), who will, if it is considered that such witness has potentially relevant evidence, contact the witness and assist him or her as set out in para 4.2.4 below. 4.2.3. Once the potential witnesses have provided their written testimony, the Commission will consider whether the Commission Solicitors should meet with any such witnesses, with a view to clarifying or expanding upon their evidence. Such meetings will be conducted as set out in para 4.2.4 below.
Where evidence is to be taken by the Commission Solicitors, they will interview the witness, with the interview being recorded by transcribers, and a transcript of the interview produced. A copy of the transcript will be provided to the witness, and will form part of that witness’s evidence.
The Commission will entertain applications from witnesses for payment of any travel or accommodation expenses.
Confidentiality 5.1. The Commission will treat documents and evidence provided to it as confidential, unless the person providing the documents and evidence indicates that he or she is content for the information to be used in public. 5.2. If the Commission wishes to make public use of information that has been provided to it in confidence, it will ask the person who has provided that information to consent. 5.3. If a person who has provided information to the Commission on a confidential basis is not willing to consent to its use in public 5.3.1. The Panel may be unable to take account of such information in its final report, if to do so would be unfair to witnesses or other persons who have not seen or been able to respond to the information. 5.3.2. The Panel will consider whether it is possible to take account of such information by dealing with it at a private hearing, by anonymising the documents or evidence, or by redaction.
The Hearing 6.1. Prior to the Hearing the Commission Solicitors will, in consultation with the Panel, produce a Hearing bundle of relevant documents, statements, and any other material necessary for the Hearing, a copy of which will be provided to the Commission, the UCI and any Permitted Participants.
The Hearing will be in public, unless the Panel takes the view that particular evidence (and any submissions in relation to that evidence) should be heard in private.
Witnesses 6.3.1. The Panel will, in advance of the Hearing, identify those witnesses from whom it wishes to hear at the Hearing. 6.3.2. The Commission Solicitors will contact the proposed witnesses, and invite them to give evidence at the Hearing. 6.3.3. The Commission will, in advance of the Hearing, draw up and publish a timetable for the Hearing. 6.3.4. The Commission will, if necessary, arrange for testimony to be given by way of video-link.
The Panel will consider whether, either before or in the course of the Hearing, it would assist the Panel to have a List of Issues produced by the Commission Solicitors or Counsel to the Commission. If a List of Issues is produced, the Panel will consider whether to make it public.
Transcript 6.5.1. Livenote will be used at the Hearing, and (except to the extent that any part of the Hearing has been conducted in private) a daily transcript will be published on the Commission website. 6.5.2. The transcript will be the record of the Hearing, and (unless, exceptionally, the Panel permits it) no photography, video or audio recording will be permitted.
Legal representation 6.6.1. Subject to para 6.6.2. below, legal representation at the Hearing will be limited to 220.127.116.11. Counsel to the Commission, instructed by the Commission Solicitors.
18.104.22.168. Counsel for UCI, instructed by its Solicitors. 6.6.2. In the event that any other persons or group of persons apply to the Commission to be legally represented at the Hearing, or to make submissions or ask questions of witnesses, the Panel will consider whether, exceptionally, they may be entitled to be legally represented, or make submissions or ask questions, for some or all of the Hearing. 6.6.3. Subject to para 6.6.2 above, only those persons who are legally represented at the Hearing will be permitted to make oral submissions, or question the witnesses. 6.6.4. Exceptionally, the Panel may permit a witness or group of witnesses to be represented at the Hearing solely for the period whilst he, she or they are giving oral evidence, for the purpose only of taking evidence in chief and re-examining the witness. 6.7. It is anticipated that the Hearing will proceed as follows 6.7.1. Opening statements by the Chairman and Counsel to the Commission. 6.7.2. Witness evidence 22.214.171.124. Witnesses other than those put forward by UCI will generally be examined-in-chief by Counsel to the Commission, cross-examined by Counsel for UCI, and re-examined by Counsel for the Commission. 126.96.36.199. Witnesses whose evidence is put forward on behalf of UCI will be examined-in-chief by Counsel for UCI, cross-examined by Counsel to the Commission, and re-examined by Counsel for UCI. 188.8.131.52. To the extent that there are any Permitted Participants under para 6.6.2 184.108.40.206.1.The Panel will determine how they should be entitled to put questions to witnesses, and
will, if necessary, vary the procedures set out in paras 220.127.116.11 and 18.104.22.168 above. 22.214.171.124.2.To the extent that such Permitted Participants put forward witnesses, and the Panel agrees to hear from such witnesses, the Panel will determine the procedure for dealing with their evidence. 126.96.36.199. The Panel may choose to impose time limits upon the questioning of witnesses. 188.8.131.52. Panel members may question any of the witnesses as they see fit. 184.108.40.206. Any persons may, by 22 March 2013, submit to the Commission, in writing, suggested lines of questioning for particular witnesses. In relation to such suggestions 220.127.116.11.1.Counsel to the Commission may or may not choose to pursue such lines of questioning. 18.104.22.168.2.The Commission is not obliged to address or respond to such suggestions. 22.214.171.124.3.There is no right of appeal to the Panel against a decision not to pursue such lines of questioning. 6.7.3. Closing statements by the Chairman and Counsel to the Commission. The Panel may choose to invite closing statements from Counsel for UCI and any Permitted Participants. 6.8. Submissions 6.8.1. The Commission will accept written submissions from any persons, relevant to the Terms of Reference, at any time up to the close of the Hearing. The Commission will consider such submissions as appropriate, and there is no obligation on the 7
part of the Commission to address or respond to such submissions. 6.8.2. The Panel may choose to invite UCI and any Permitted Participants to submit post Hearing written submissions to the Commission within 1 week of the closing of the Hearing. 7. The Report 7.1. No further evidence will be accepted following the closing of the Hearing, unless the Panel determines that there are exceptional reasons warranting the admission of such evidence. 7.2. The Panel will seek to publish its Report to the UCI, by 1 June 2013.