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Merritt wins court battle to race at London 2012 which could open door to dramatic Chambers reprieve
By SPORTSMAIL REPORTER
Last updated at 10:45 AM on 6th October 2011
Victory: LaShawn Merritt
American LaShawn Merritt has been given the green light to defend his 400 metres title at the Olympics in a verdict that could pave the way for disgraced Dwain Chambers to make a late bid to race at London 2012.
Merritt was given a two-year ban, later reduced to 21 months, after testing positive for a banned substance found in a 'male enhancement product'.
Under International Olympic Committee (IOC) rule 45, anybody given a ban longer than six months misses the next Games, but Merritt and the United States Olympic Committee (USOC) argued that amounted to a three-year ban and therefore goes beyond the sanctions laid out by the World Anti-Doping Agency (WADA).
They took their case to the Court of Arbitration for Sport (CAS), and the decision has now been overturned in Lausanne, Switzerland.
The court invalidated the IOC's rule 45 that bars any athlete who has received a doping suspension of more than six months from competing in the next summer or winter games.
Merritt, who won silver in the 400m at the recent World Championships in Daegu, will now start preparing for next summer's Games in London.
It will now focus attention on the British Olympic Association (BOA) bylaw which imposes a lifetime Olympic ban on those with doping convictions.
Travis Tygart, chief executive of the United States Anti-Doping Agency (USADA), has urged the BOA to drop their bylaw, but admitted earlier this week it was a better piece of legislation than the IOC rule, as it allowed for 'individualised review'.
Chambers has tried once before to overturn his Olympic ban after serving a two-year suspension following his positive test for steroids in 2003.
But the 33-year-old has shown little desire to face another legal battle with his career winding down, while the BOA are also confident their rulebook is in accordance with the WADA code.
Cyclist David Millar and discus star Carl Myerscough could also consider trying to overturn their current Olympic bans.
Banned: Dwain Chambers is unable to run at London 2012
In a statement, the IOC said it was disappointed and would seek tougher sentences in the future.
It read: 'The IOC fully respects the Court of Arbitration for Sport and will of course abide by its judgement. The IOC has a zero tolerance against doping and has shown and continues to show its determination to catch cheats.
'We are therefore naturally disappointed since the measure was originally adopted to support the values that underpin the Olympic Movement and to protect the huge majority of athletes who compete fairly.'
The CAS verdict stated that rule 45 - also known as the 'Osaka Rule' - was "more properly characterised as a disciplinary sanction, rather than a pure condition of eligibility to compete in the Olympic Games.
A CAS statement read: 'Such a disciplinary sanction is not in compliance with Article 23.2.2 of the World Anti-Doping Code (WADC), which provides that the signatories of the code may not introduce provisions that change the effect of periods of ineligibility provisions of the WADC, because it adds further ineligibility to the WADC anti-doping sanction after that sanction has been served.'
The panel suggested that if the IOC still wanted to exclude athletes who have been banned for doping from the Olympics, they could propose an amendment to the WADC.
If adopted, that amendment would not be subject to 'double jeopardy' - as Merritt argued - as 'the ineligibility would be part of a single sanction'.
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Read more: http://www.dailymail.co.uk/sport/oly...#ixzz1a7zoj6zi
By SPORTSMAIL REPORTER
Last updated at 10:45 AM on 6th October 2011
Victory: LaShawn MerrittAmerican LaShawn Merritt has been given the green light to defend his 400 metres title at the Olympics in a verdict that could pave the way for disgraced Dwain Chambers to make a late bid to race at London 2012.
Merritt was given a two-year ban, later reduced to 21 months, after testing positive for a banned substance found in a 'male enhancement product'.
Under International Olympic Committee (IOC) rule 45, anybody given a ban longer than six months misses the next Games, but Merritt and the United States Olympic Committee (USOC) argued that amounted to a three-year ban and therefore goes beyond the sanctions laid out by the World Anti-Doping Agency (WADA).
They took their case to the Court of Arbitration for Sport (CAS), and the decision has now been overturned in Lausanne, Switzerland.
The court invalidated the IOC's rule 45 that bars any athlete who has received a doping suspension of more than six months from competing in the next summer or winter games.
Merritt, who won silver in the 400m at the recent World Championships in Daegu, will now start preparing for next summer's Games in London.
It will now focus attention on the British Olympic Association (BOA) bylaw which imposes a lifetime Olympic ban on those with doping convictions.
Travis Tygart, chief executive of the United States Anti-Doping Agency (USADA), has urged the BOA to drop their bylaw, but admitted earlier this week it was a better piece of legislation than the IOC rule, as it allowed for 'individualised review'.
Chambers has tried once before to overturn his Olympic ban after serving a two-year suspension following his positive test for steroids in 2003.
But the 33-year-old has shown little desire to face another legal battle with his career winding down, while the BOA are also confident their rulebook is in accordance with the WADA code.
Cyclist David Millar and discus star Carl Myerscough could also consider trying to overturn their current Olympic bans.
Banned: Dwain Chambers is unable to run at London 2012In a statement, the IOC said it was disappointed and would seek tougher sentences in the future.
It read: 'The IOC fully respects the Court of Arbitration for Sport and will of course abide by its judgement. The IOC has a zero tolerance against doping and has shown and continues to show its determination to catch cheats.
'We are therefore naturally disappointed since the measure was originally adopted to support the values that underpin the Olympic Movement and to protect the huge majority of athletes who compete fairly.'
The CAS verdict stated that rule 45 - also known as the 'Osaka Rule' - was "more properly characterised as a disciplinary sanction, rather than a pure condition of eligibility to compete in the Olympic Games.
A CAS statement read: 'Such a disciplinary sanction is not in compliance with Article 23.2.2 of the World Anti-Doping Code (WADC), which provides that the signatories of the code may not introduce provisions that change the effect of periods of ineligibility provisions of the WADC, because it adds further ineligibility to the WADC anti-doping sanction after that sanction has been served.'
The panel suggested that if the IOC still wanted to exclude athletes who have been banned for doping from the Olympics, they could propose an amendment to the WADC.
If adopted, that amendment would not be subject to 'double jeopardy' - as Merritt argued - as 'the ineligibility would be part of a single sanction'.
More...
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Read more: http://www.dailymail.co.uk/sport/oly...#ixzz1a7zoj6zi