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He also argued that the bylaw was an “unreasonable restraint of trade” and “arbitrary, capricious and irrational”.
David Pannick, QC, representing the BOA, had 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 served a two-year suspension for using the steroid tetrahydrogestrinone (THG) - he 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.
He also took issue with Crystal's claim that Chambers had served his two-year ban, in accordance with IAAF rules, and that the BOA ban is an additional, unfair punishment.
He pointed out that the IOC had adopted a new rule stating that anyone found guilty of doping after July 1 will miss the Olympics after the expiry of their ban. That means all nationalities can receive two punishments for the same crime.
It was suggested that had Chambers brought his case earlier and won, the BOA would have rewritten its bylaw to fit the IOC rule.
Speaking outside the court, BOA chairman Lord Moynihan said: “We are respectful of the court’s decision in all aspects.
“The BOA has rules which are not only recognised and understood by all Olympic athletes, but our by-law has been in place for 16 years at their request and for their benefit.
“It’s a matter of regret that Dwain Chambers, an athlete with such undoubted talent and a winner of the European Youth Olympic Festival 100 metres as a young man, should by his own actions put himself out of the running to shine on the Olympic stage in Beijing.
“However, on behalf of the athletes, the BOA will continue to send a powerful and important message - that nobody found guilty of serious drugs cheating offences should have the honour of wearing the team GB vest at the Olympic Games.
“The court’s decision allows us now to focus upon and support those athletes who will be travelling to Beijing to represent Team GB in just 21 days’ time. We must now focus on their interests.”
The International Olympic Committee welcomed the judge’s decision.
“We believe in a zero tolerance approach to athletes who take banned drugs,” IOC communications director Giselle Davies said.
The BOA will annouce the squad to compete in Beijing tomorrow.
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