Judge: Sprinter Chambers Can't Compete in Beijing
LONDON (AP) - July 18, 2008
London's High Court refused to grant an injunction against the
British Olympic Association's bylaw that bans doping violators for
life from the games. Chambers' legal team said it would not appeal
the decision.
"The judge has made his decision," Chambers said.
The sprinter did not comment on possible retirement plans. His
attorney suggested in court Thursday that Chambers was likely to
retire if he lost the case.
Chambers, who won the 100 meters at last Saturday's British
Olympic trials in 10 seconds, served a two-year ban after testing
positive for the steroid THG in August 2003.
The BOA, which is expected to announce its final sprint squad
Saturday ahead of Sunday's deadline, said it would not seek to be
reimbursed for its costs. It also regretted that Chambers had
wasted his "undoubted talent."
"It is a matter of regret that Dwain Chambers ... should by his
own actions have put himself out of the running to shine on the
Olympic stage in Beijing," BOA chairman Colin Moynihan said.
"However, on behalf of the athletes, the BOA will continue to
send a powerful and important message that nobody found guilty of
serious drug cheating offenses should have the honor of wearing a
Team GB vest at the Olympic Games."
Chambers would have been eligible to compete had only
International Olympic Committee rules applied.
"We now consider the issue closed and look forward to Beijing
and turn all our focus to our final preparations of the athletes
who will represent Great Britain," UK Athletics spokeswoman Claire
Furlong said.
In his deliberation, Judge Colin Mackay highlighted the new IOC
rule, which came into effect July 1 but is not retroactive, banning
athletes from the following Olympics if they have received a drug
suspension of at least six months.
"We welcome the court's judgment," IOC spokeswoman Giselle
Davies said. "We believe in a zero tolerance approach to athletes
who take banned drugs."
Mackay said Chambers had little chance of winning a medal in
Beijing and that it would be unfair to deny an opportunity for
athletes who had never taken drugs, upsetting the harmony of the
team.
He also feared athletes in other sports could launch immediate
appeals if Chambers won his bid, such as cyclist David Millar and
shot putter Carl Myerscough, who were each convicted of doping
offenses.
"Many people both inside and outside sport would see this bylaw
as unlawful," Mackay said. "In my judgment, it would take a much
better case than the claimant has presented to persuade me to
overturn the status quo at this stage and compel his selection for
the games."
Mackay said Chambers' argument of restraint of trade would be
unlikely to succeed at a full trial, even if he could argue that
there are indirect financial benefits from appearing at the amateur
event.
"His 10-second time achieved last weekend is confronted by the
fact that there will be nine other athletes in Beijing who have run
a faster time this year," Mackay said.
Mackay noted with frustration that Chambers only issued the
proceeding against the BOA at the "11th hour" on July 3, meaning
that the time to assimilate the arguments was limited.
The arguments were digested in court in a one-day hearing
Thursday. They were earlier submitted in written form.
The BOA had argued that if Chambers succeeded, the British
team's reputation would be tarnished and London's ability to
deliver the 2012 Games would be impaired because sponsors would be
unwilling to invest.
Chambers' lawyer, Jonathan Crystal, told the court Thursday it
was "an exaggerated position" and argued that his client's
"redemption and rehabilitation" after testing positive for THG
should be recognized.
Chambers briefly returned to the track in 2006 after serving his
two-year ban and pursued an alternative - but ultimately
unsuccessful - foray into American football.
The 30-year-old Chambers returned to the track in March and won
a silver medal in the 60 at the World Indoors.