The public prosecutor had already rejected the criminal investigation, launched by Kimmage in November 2012 to seek damages for slander, disparagement and fraud, but this latest appeal - lodged in March this year - was also "dismissed to the extent that it is admissible", according to court papers seen by insidethegames.

Last year, on filing his 55 pieces of evidence to the court in Vevey, close to the UCI's headquarters and where McQuaid lives, Kimmage said: "This is for everyone who stands up for the truth and anyone who exposed the doping problem in the sport and were treated appallingly by McQuaid and Verbruggen over the last 20 years.

"It's justice for the kids who came into the sport and thought they had a chance of achieving their dreams but ended up in coffins; justice for all the kids who wanted to achieve their dreams without doping and were forced out of the sport because they didn't have a shot and justice for those that were left with a choice, cheat or be cheated."

Paul Kimmage was seeking damages from Hein Verbruggen and Pat McQuaid


Kimmage had planned to use some of the nearly $100,000 (£64,000/€76,000) raised by The Kimmage Defence Fund to bankroll the case.

However, Kimmage claimed in May that he cannot access or locate the remaining funds.

He is now liable for the cost of the appeal proceedings.

McQuaid and Verbruggen had initially sued Kimmage for alleged defamatory comments he made about their handling of the Lance Armstrong doping case, only for this to be shelved in October 2012 in the wake of the scandal and independent investigations.

The decision comes at a critical time for McQuaid's UCI Presidential re-election campaign.

Seeking a third term in office, McQuaid is currently facing the challenge of British Cycling leader Brian Cookson ahead of the vote in Florence on September 27.

"I am aware of the decision," McQuaid told insidethegames.

"I was not surprised by it.

"I have no further comment to make."

Kimmage and Verbruggen were unavailable for comment.

Contact the writer of this story at [email protected]


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