INTERNATIONAL ROWER Seán Jacob has lost his High Court bid to compel the Irish Amateur Rowing Union (IARU) to sanction his participation in a Polish regatta this weekend in a last-ditch attempt by him to represent Ireland at the Beijing Olympics.
Mr Jacob had sought an injunction restraining the IARU from preventing his participation at the regatta in Poznan, due to start tomorrow, and requiring the union to take all necessary steps to ensure his participation.
The IARU had opposed the application, arguing that participation in the regatta was always conditional on performance.
Ms Justice Mary Laffoy ruled that, notwithstanding her “admiration of Mr Jacob’s pursuit of Olympian status”, she must exercise her discretion to refuse the injunction. She was doing so because it was not possible to conclude at this stage of the case, prior to a full hearing, that Mr Jacob’s case was so strong that such a refusal would be unjust.
The judge said Mr Jacob claimed he was told after a regatta in Munich, a time when he had been ill and not at the peak of his fitness or abilities, that he would not be participating in Poznan. He argued that it was always understood he would compete in Poznan and he would not have to prove his entitlement.
Mr Jacob also claimed he was not informed by the IARU that Munich was a test for participation in Poland and that this breached his right to fair procedures.
The IARU submitted that Mr Jacob had unsuccessfully appealed the decision to de-select him to both the International Rowing Committee and the IARU, and had also refused to participate in arbitration or engage with the possibility of an early trial.
While arbitration was possible, the judge said it was not realistic to have an early trial of the case.
She said the IARU had argued there was no lack of fairness and Mr Jacob was always aware his performance was under continuous assessment from coaching staff. She also noted Mr Jacob missed out on a place at the Beijing games by two positions at the 2007 World Championships as the top 11 scullers qualified automatically but he finished 13th. The top three finishers at Poznan would also qualify for the Olympics.
“Having regard to all the foregoing factors, notwithstanding admiration of Mr Jacob’s pursuit of Olympian status, I have come to the conclusion that proper exercise of the court’s discretion, balancing the risk of injustice, is to refuse the interlocutory injunction,” she said.