Appeal against IOC rule could pave way for Millar and others to race in London 2012
The Court of Arbitration for Sport (CAS) has undertaken to issue a ruling on or before September 30th in relation to an IOC rule which blocks those with lengthy drug bans from competing at the Olympic Games. While the case relates to a banned 400 metre runner, it could have wider repercussions for other Olympic sports, including cycling.
CAS confirmed yesterday that it had finished hearing an appeal lodged by the United States Olympic Committee against the IOC relating to the positive test and 21 month ban of Olympic 400 metre athlete LaShawn Merritt.
He tested positive three times during the winter of 2009/2010 for the steroid DHEA; he claimed afterwards that he had been taken the substance ExtenZe, referred to as a ‘male enhancement product,’ which its manufacturers claim boosts a certain below-the-belt zone in men.
Rule 45 of the Olympic Charter bans those with bans of greater than six months from competing in the next Olympic Games after their return from a suspension. The significance for cycling is that the current appeal could act as a test case and, if successful, could pave the way for riders such as Davide Rebellin to compete in London 2012.
In addition, a successful appeal by the USOC could in theory open the way for other appeals against national federations who impose life bans from the Olympics for those who have served suspensions for doping.
Scottish rider David Millar is a well known example of this, with the British Olympic Committee handing him a permanent Games ban after he served a suspension for EPO use.
The connection between sportspeople such as Millar and Merritt is that the USOC is arguing to CAS that the current ban amounts to a double punishment for athletes, and that this is unfair. If CAS agrees that a form of double jeopardy exists, it would likely be difficult for individual federations to uphold their related lifetime bans from the Games.
Millar has said in the past that he would like to compete in the London Olympics, but that he had no intention of appealing his lifetime ban. It is understood that he feels that a personal appeal would send out a mixed message in relation to his admission of doping and acceptance of the penalties incurred as a result.
If he were to compete in London, he would be a contender for a medal in the time trial. He finished second at last year’s world championships and then won the Commonwealth Games TT.
The CAS Panel examining the current case is comprised of Prof. Richard H. McLaren (Canada), President, Mr Michele Bernasconi (Switzerland) and Mr David W. Rivkin (USA).
“The arbitrators will now start their deliberations and prepare the arbitral award, which should be released on or before 30 September 2011,” CAS stated.