Dwain Chambers loses Olympic ban battle

DISGRACED sprinter Dwain Chambers today 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 temporarily suspending a lifetime Olympic ban imposed on the self-confessed drugs cheat by the British Olympic Association under a bylaw.

But Mr Justice Mackay told a packed courtroom today: "Many people both inside and outside sport would see this bylaw as unlawful.

"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 a hearing yesterday, the judge had commented to Jonathan Crystal, representing Chambers: "The reality is that you are saying 'put him on the plane'."

Mr Crystal, an expert in sports law, had told the judge: "He represents our best chance of a podium finish in the 100 metres in Beijing."

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

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

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

David Pannick QC, representing the BOA, told the judge that 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".

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."

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

BOA chairman Lord Colin Moynihan welcomed the ruling.

Speaking outside court, he said: "It is a matter of regret that Dwain Chambers an athlete with such undoubted talent ... should by his own actions put himself out of the running to shine on the Olympic stage.

"The BOA will continue to send out a powerful message and important message that anyone found guilty of a drug offence should not have the honour to represent Team GB at the Olympic Games."

Chambers posed for pictures on the steps of the Royal Courts of Justice but would not say a word about the ruling.

He was surrounded by photographers as he crossed The Strand and disappeared towards his barrister's office.

The decision was welcomed by many in the sporting world.

Former Olympic gold medallist Denise Lewis said: "I think this is a very fair verdict in the circumstances and shows that Dwain now understands that he cannot break the rules just because he thinks it suits him. He knew the rules existed when he broke them.

"The decision also sends out a very strong message to anyone else who may attempt to appeal in this way and to anyone who is tempted to cheat
by using drugs to enhance their performance.

"It is very sad that this appeal has grabbed so many headlines and I really do think that the British bylaw should be adopted by the IOC and across the world so that everyone understands very clearly that if any athlete tests positive for drugs they forfeit any right to represent their country at any future Olympics.

"We must now get behind all the athletes representing Team GB in Beijing who have worked very hard to earn their places. I really think all our athletes will be delighted with this decision."

John Regis, who used to coach Chambers, told BBC News 24: "He's going to be gutted."