Court defers Chambers ruling until after GB trials

DWAIN Chambers faces a double trial in his bid to compete in next month's Olympic Games in Beijing.

The sprinter is seeking a High Court order next Wednesday to lift a lifetime ban on competing in Olympic events imposed by the British Olympic Association because he once used performance-enhancing drugs.

But before that he must take first or second place in the 100 metres at the Olympic trials in Birmingham on Saturday, after advancing from tomorrow's heats, to be eligible to be chosen for the British team.

There was a brief hearing yesterday morning at the High Court when the date was set for the application for an injunction which would suspend the BOA bylaw until the hearing of a full trial on the issue which would not take place until after the Olympics next month.

Asked about his chances outside the court yesterday, Chambers said: "Friday and Saturday – that's when the job really matters. It's going to be a hard task but I am confident about what I am capable of doing at my end, which is to cross the line first, and the rest is up to the decision of the court – and I will abide by that decision."

He said he did find the court appearance a strain but said it would not affect his performance at the athletics trials. "I will be fine," he said.

Lord Moynihan, chairman of the BOA, who was a sports minister during the Thatcher years, said outside court that he welcomed the chance to put the BOA's case before the courts.

It will be a test of the by-law which bans those who have used performance-enhancing drugs from the British team unless there are mitigating circumstances. Chambers, 30, knew that having served a two-year suspension for using the designer steroid tetrahydrogestrinone (THG), there was no chance in pursuing the mitigating circumstances route through the BOA.

Instead, he went directly to the High Court to put his case before Mr Justice Mackay, who yesterday agreed to hear his application for a temporary lifting of the ban so that he can compete in the Olympics.

Jonathan Crystal, a specialist sports barrister, will try to convince the judge that the BOA regulation is unfair and an unreasonable restraint on his client's livelihood.

Referring to the athletics meeting, he told the judge: "There is a trial this weekend which may become a material factor."

Mr Justice Mackay replied: "He will pass that with flying colours. If he doesn't, the case becomes academic."

Crystal said he would be trying next Wednesday to persuade the court to "disapply the diseligibility provisions" under the BOA bylaw.

"It is a high burden but we are confident we shall succeed in that task," he said. He reminded the judge that the deadline for team selection was 20 July.

The sprinter ran 10.05 seconds in Sofia, Bulgaria, on 30 June, the fastest time among British sprinters this year.

If Chambers wins the injunction, a full hearing on his challenge against the BOA rule would then be held later in the year or next year.

"We're delighted," said Chambers' lawyer, Nick Collins. "We will respect and abide by the court's decision."

The BOA said it will argue that Chambers' challenge would not succeed at a full trial.

"We will continue at that hearing to vigorously defend the bylaw and to now bring the witnesses we wanted to bring under cross-examination that's necessary to defend that bylaw," said BOA chairman Moynihan.

Chambers returned to the track this year after serving a two-year doping ban from 2003-05. He tested positive for the steroid THG, the drug at the centre of the BALCO scandal, in August 2003.

All of Chambers' personal and team results from January 2002 to August 2003 were annulled, including his European 100-metre title and his European record of 9.87 seconds.

Chambers, whose brief experiment with rugby league failed in April, only began his legal action last week despite it being planned for months.

FACT BOX

Chambers to win British Olympic 100m trial: Evens

To finish top two: 1/4

To win individual 100m gold at Beijing Olympics: 100/1

To win individual medal in 100m at Beijing Olympics: 16/1