Doug Gillon and Martyn Ziegler THE British 100 metres champion, Dwain Chambers, reached the end of the track yesterday in his bid to be included in Great Britain's Olympic team for Beijing.
A High Court judge, Justice Sir Colin Mackay, refused to grant an injunction which would temporarily have suspended a British Olympic Association (BOA) bylaw which bans convicted doping offenders from future Olympic participation.
A self-confessed user of performance-enhancing drugs, Chambers, who has admitted using performance-enhancing drugs, was in a packed court to hear the verdict. Afterwards he made no comment.
His representative, Jonathan Crystal, an expert in sports law, had argued the BOA bylaw was unfair, contrary to competition law and an unreasonable restraint on trade.
Sir Colin conceded: "Many people both inside and outside sport would see this bylaw as unlawful."
But he added that if he had ruled for Chambers, "the harmony and management of the British team would have been upset". "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."
David Pannick, QC, representing the BOA, told the judge Chambers "cannot show that sportsmen and women are significantly restrained in their trade by the by-law which only concerns eligibility for an amateur event, which takes place once every four years, and for which there is no prize money".
He added: "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."
He argued that Chambers was a poor example for Britain's next sports generation and the court should not force the BOA to pick him.
A full trial next March now appears to be academic. Chambers said in court that he would not appeal, but his lawyer, Nick Collins, said no decision on any future action had been taken.
The case has cost the BOA a six-figure sum and would have topped £500,000 had it reached court next year. A spokesman said they had enlisted extra staff for the case and that resources for Beijing had been "stretched".
They are to review the lifetime ban after Beijing and will commission a survey of all Olympic athletes. BOA chairman Lord Colin Moynihancorr says proceedings have "strengthened their resolve", but they wish to be sure they reflect athletes' wishes.
A previous survey showed 90% of competitors support a lifetime ban. The Olympic movement last month introduced new legislation that blocks anyone suspended for six months or more for doping from the next Games following expiry of that ban.
Had this been in place when Chambers was caught in 2003, he would have been ineligible for Beijing anyway. The bylaw Chambers was challenging had been in place for 16 years, long pre-dating his use of illegal substances.
"I have to say it is a matter of regret that Dwain Chambers - an athlete with such undoubted talent, a winner of the European Youth Olympic Festival 100m as a young man - should by his own actions have put himself out of the running to shine on the Olympic stage in Beijing," added Lord Moynihan.
"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 offences should have the honour of wearing a Team GB vest at the Olympic Games."
The atmosphere in the Beijing team would be more "harmonious" without Chambers, he said on TV. "He knew the rules, he now has to accept the consequences," he added. However the same TV channel recorded a public vote of just 52% to 48% in favour of the athlete's exclusion.
UK Athletics now consider the issue closed. They will name the remainder of the team, including the sprint squad (which was on hold pending the verdict) this afternoon.
Meanwhile, there was disappointment yesterday for double amputee sprinter Oscar Pistorius, who hoped to race in the Olympics.
The South African, who overturned an International Association of Athletics Federation ban which prevented him from competing in able-bodied athletics, was excluded when his country's team was named.
© All rights reserved. Reproduction in whole or in part without permission is prohibited.



