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Dwain Chambers has lodged a legal challenge to the British Olympic Association's (BOA) bylaw banning him from competing at the Olympic Games.
The sprinter, who is currently barred from competing following a two-year suspension for using the designer steroid tetrahydrogestrinone (THG), now hopes the BOA will allow the case to be heard before the British Olympic trials which take place in Birmingham in a fortnight's time.
It is a landmark case that could quash a bylaw designed to keep convicted drug offenders from representing Great Britain at the Olympics. Introduced in 1992, bylaw 25 has been subjected to 27 successful appeals, the most recent involving Christine Ohuruogu, the 400 metres world champion. However Chambers’s case differs because he is not appealing to the BOA, but questioning the legality of a rule that has punished him a second time after the ban handed out by the IAAF.
"Ford and Warren are able to confirm that they have, today, issued proceedings on behalf of Dwain Chambers against the British Olympic Association," a statement from Chambers' legal team said.
"The question the court is asked to decide is whether the BOA bylaw in relation to persons found guilty of a doping offence is void and unenforceable against first time offenders.
"Mr Chambers will seek, from the court, a declaration that the bylaw is unenforceable; a declaration that he is eligible for inclusion in Team GB for Beijing 2008; and an order that, subject to his achieving first or second place at the UK trials, he be included in Team GB for the Beijing 2008 Olympic Games.
"The basis of Mr Chambers claim is that the bylaw is an unreasonable
restraint of trade in that it goes further than is reasonably necessary for
protecting the interests of the BOA and the public; and further, that the
bylaw is inherently unfair and unreasonable given the surrounding
circumstances."
The legal challenge was likely once Chambers gained the Olympic qualifying
time for the 100 metres. He did that last weekend, clocking 10.06sec in
Biberach, Germany, to move to the top of the British rankings. His legal
team, comprising Jonathan Crystal and Nick Collins, believe that they have a
strong case. Only Norway and China have a similar rule, with the latter
introducing theirs in March. Chambers could have taken his case to the Court
of Arbitration for Sport, but the High Court promises a swifter resolution.
The hearing is expected to last two days.
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