Cyclist and coach Shaun-Nick Bester, who was banned by Cycling South Africa for 15 years after being found guilty of sexual grooming, harassment and abusing two young cyclists, has now been banned from the sport internationally.
In a letter dated September 23, the Switzerland-based Union Cycliste Internationale (UCI), the world governing body for sports cycling, informed Bester it had decided to “extend the effects of the sanction” Cycling SA handed down in June this year.
This means Bester is now banned from taking part in any cycling activity organised by either governing body.
The UCI said the transgressions Bester had been found guilty of were provided for in its own rules, to which Bester was bound because he had held a UCI licence.
The allegations against him related to two teenage girls he coached during 2018 and 2020. The accusations were probed by Cycling SA after it received tip-offs on its whistleblowing portal.
The initial disciplinary hearing took place from May to August 2023.
In a written ruling, the chair said both young women had been subjected to extensive cross examination, but “surprisingly Bester’s version of events was not put to them”.
The chair said: “Both witnesses portrayed the accused as one that would either create or exploit situations whereby he would engage in discussions with a sexual undertone or he would engage in physical contact of a sexual nature. In some instances, he would invite them to indecent exposure. A common thread in all of this was a sociable, relaxed atmosphere within a cycling environment between coach and his athlete.”
Bester was found guilty of all charges in October 2023. He received a lifetime ban.
Bester appealed, but the appeal panel confirmed his conviction on five charges of misconduct. It upheld his appeal on two charges.
In its assessment of the evidence, the appeal panel said Bester’s attempts to discredit the credibility of the two complainants had failed dismally. He had confirmed most of the salient features of the incidents but had differed on detail and sequence.
The panel said Bester had thought his advances to be light-hearted, fun or a joke. He had failed to realise that they were inappropriate. As locus parentis Bester should have shown more discretion and judgment. Instead, he was grooming the victims.
The panel, however, said the lifetime ban was too harsh.
It amended the sanction to a 15-year ban, followed by a lifelong suspended sentence during which he could only be an ordinary recreational member of Cycling SA and only participate in local events.
Bester has subsequently launched an application in the Western Cape High Court to review the appeal panel’s decision.
But the UCI says that does not matter because the sanction imposed remains in force.
“The main arguments raised in [Bester’s] formal response against the disciplinary hearing ruling (i.e. an incorrect charge sheet, an incorrect assessment of the evidence, a violation of the right to be heard, errors in the ruling) had already been raised before the appeal panel,” it said.
“The alleged mitigating circumstances referred to in his formal response are not for the UCI to consider. The process of extension of effects to global application should not be construed as an additional instance in the disciplinary proceedings. The UCI notes that some of these alleged mitigating circumstances (i.e. that he is a first offender or that he holds diplomas as coach issued by the UCI), were already taken into account by the appeal panel while discussing the appropriate sanction.”
Cycling SA has filed a notice of opposition to Bester’s review application but has yet to file any papers.
Bester again claims the charges did not match up to the right dates and he was not permitted to lodge documents, including WhatsApp messages, into evidence. He said they would show that his trainees did not consider his conduct to be harassment or out of line.
He claims he was “ambushed” by evidence which fell outside of the parameters of the charge sheet.
Bester says he was friends with both young women, they were comfortable and familiar with him and neither had raised any concerns until they finally laid charges against him in 2023.
He said the charges were driven by the parents “more than two years after the alleged incidents” after one of the mothers saw conversations on her daughter's cellphone.
“I am an esteemed cycling coach in South Africa and my reputation and integrity is at stake,” Bester says.
“If the convictions against me are to stand, it will effectively bring an end to my career as a cycling coach. This entire matter has caused me severe emotional and psychological trauma.”
He said he did not condone sexual harassment in any manner and believed the disciplinary chair and the appeal panel could not, on the evidence, find proof of “gross harassment” and the findings should be reviewed and set aside.
“I am by no means a risk to society or to any of my athletes,” he said.
A date for the hearing of his application will only be set once all the papers have been filed.
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