The prosecutor in the Festina doping scandal has asked for French cyclist Richard Virenque not to be sentenced.

Gerald Vinsonneau yesterday told the court there was insufficient evidence that the five-times King of the Mountains in the Tour de France had played an active part in organising doping in the Festina team.

After 27 months of denial, Virenque finally admitted in court two weeks ago taking doping substances such as the banned hormone erythropoietin (EPO) when with Festina.

But taking drugs is not considered an offence in French law. The eight other persons charged in the case are facing suspended jail sentences and fines.

Lawyers said the defendants ironically took advantage of the fact that doping was so widespread in cycling that they could not be singled out as criminals.

Judge Daniel Delegove said last week: "I'm looking to define what the context is to be able to evaluate the degree of responsibility of each defendant.

"If they were alone in doing it, it would be more serious. On the other hand, if doping was systematic, it would tone down their responsibilities."

The prosecutor is seeking a suspended jail sentence of 14 months and a 20,000 francs (£3,000 sterling) fine against former Festina team masseur Willy Voet.

The Festina scandal was uncovered when approximately 40 bottles of doping substances were found in the boot of the car driven by Voet before the start of the 1998 Tour de France.

Former Festina team chief Bruno Roussel, who first confessed organising doping within the team, faces an 18 months suspended jail sentence and a 50,000 francs (£7,000) fine.

"Roussel was caught, the Festina team were caught but the trial showed it could have been any other team," said Roussel's lawyer Thibaut de Montbrial.

The verdict is not expected to be made public before the end of the year.