Chambers’ High Court Case To Be Heard
Sprinter Dwain Chambers begins his High Court case against the British Olympic Association today as he aims to overturn his ban on competing in the Beijing Olympics.
A Directions Hearing on the case issued by Chambers will heard with a decision on the case to be decided before the Olympic trials start on Friday.
Chambers is challenging the BOA’s by-law which bans athletes who have failed drug tests from the Olympics.
Should his appeal by victorious he will then compete in the national trials where finishing either first or second will guarantee him a place in the British Olympic team for Beijing.
Chambers, who served a two-year ban after testing positive for the steroid THG in 2003, is favourite to win the trials after running the fastest 100m by a British athlete this year when he recorded an Olympic qualifying time of 10.05 seconds in Sofia on 30th June.
But in order for him to make it to Beijing his barrister Jonathan Crystal will need to convince the court that the BOA regulation is unlawful.
The BOA’s by-law imposes life bans on any athlete who fails a drug test unless there are mitigating circumstances.
A statement from Chambers’ legal team said: ‘The basis of Mr Chambers claim is that the by-law is an unreasonable restraint of trade in that it goes further than is reasonably necessary for protecting the interests of BOA and the public.
‘And further, that the by-law is inherently unfair and unreasonable given the surrounding circumstances. Mr Chambers will seek, from the court, a declaration that the by-law is unenforceable; a declaration that he is eligible for inclusion in Team GB for Beijing 2008; and an order that, subject to his achieving first or second place at the UK trials, he be included in Team GB.’
The BOA rule – in place for 16 years – is at odds with the position of track and field governing body the International Association of Athletics Federations (IAAF), which says athletes found guilty of doping can return to all competitions once they have served their bans.
There have been successful appeals against the lifetime ban – the last being 400m world champion Christine Ohuruogu’s – but nobody has challenged the actual legality of the rule in the courts.
A BOA statement read: ‘We can confirm that the British Olympic Association has received service of proceedings from lawyers acting on behalf of Dwain Chambers.
‘In the interests of the British Olympic Movement and the athletes who aspire to line up at an Olympic Games and our youngsters looking for Olympic glory in London, the BOA confirms that it will vigorously and unequivocally defend its lifetime ban on drug cheats who have brought themselves and their sports into disrepute.’
Anticipating Chambers’ actions, the British Athletes’ Commission (BAC) asked athletes to sign a petition opposing the bylaw’s removal.
Among the hundred-plus signatories was five-time Olympic rowing gold medallist Sir Steve Redgrave and double gold medalist Dame Kelly Holmes.
The BOA is committed to naming its team for Beijing before 20th July, so any appeal has less than two weeks to succeed.
