Chambers losses bid for Olympics

Jul 18, 2008 - 12:27 PM LONDON (Ticker) -- British sprinter Dwain Chambers on Friday lost his High Court bid to be allowed to compete at next month's Olympic Games in Beijing.

Mr. Justice Mackay refused to grant an injunction to temporarily suspend a lifetime ban on the sprinter competing at the Olympics.

The ban was imposed by the British Olympic Association (BOA) because of his self-confessed past use of performance-enhancing drugs.

The judge issued his ruling Friday morning after spending Thursday listening to the conflicting arguments over the athlete's attempt to win an injunction suspending the bylaw before a full trial of the issues in March next year.

Mr. Justice Mackay returned to the London court Friday morning to give his ruling to a packed courtroom and the athlete himself.

"Many people both inside and outside sport would see this bylaw as unlawful," the judge 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."

During Thursday's hearing, the judge had commented to Chambers' representative Jonathan Crystal that "the reality is that you are saying 'put him on the plane.'"

Crystal, an expert in sports law, had told the judge that banning Chambers could deprive Britain of its best chance of winning a medal in the 100 meters in Beijing next month.

Chambers, 30, served a two-year suspension for using the designer steroid tetrahydrogestrinone (THG).

Crystal said the BOA bylaw was unfair, contrary to competition law and an unreasonable restraint on trade.

"He represents our best chance of a podium finish in the 100 meters in Beijing," Crystal said.

Chambers had already qualified to compete in the Olympics after winning the 100 meters at the Olympic athletics trials in Birmingham last Saturday and setting his best time of the year of 10 seconds.

"(Chambers) cannot show that sportsmen and women are significantly restrained in their trade by the bylaw which only concerns eligibility for an amateur event, which takes place once every four years and for which there is no prize money," David Pannick QC, representing the BOA, told the judge.

"If the court were to make an order requiring the claimant to be selected, that would deprive another athlete of his place in the team, even though the legality of the rule may be upheld at a full trial."

As a self-confessed drug user, Chambers was not a good example for Britain's next sports generation and the court should not force the BOA to pick him, Pannick argued.

"We are respectful of the court's decision in all aspects," BOA chairman Lord Moynihan said. "The BOA has rules which are not only recognized and understood by all Olympic athletes, but our bylaw has been in place for 16 years at their request and for their benefit.

"It's a matter of regret that Dwain Chambers ... should by his own actions put himself out of the running to shine on the Olympic stage in Beijing. However, on behalf of the athletes, the BOA will continue to send a powerful and important message - that nobody found guilty of serious drugs cheating offences should have the honour of wearing the team GB vest at the Olympic Games."

The International Olympic Committee welcomed the judge's decision.

"We believe in a zero tolerance approach to athletes who take banned drugs," IOC communications director Giselle Davies told PA SportsTicker.