De Bruin has used `sports court'

The suggestion this week that the Michelle de Bruin story will reach some sort of conclusion in the Court of Arbitration for …

The suggestion this week that the Michelle de Bruin story will reach some sort of conclusion in the Court of Arbitration for Sport has placed a spotlight on a little-known layer in the world of sports politics.

Based in Lausanne but with a flying brief, the CAS was established three years ago as an independent court by the International Olympic Committee in the hope of avoiding expensive litigation such as they incurred in the Butch Reynolds case. Competitors in the Atlanta Olympics and other events since then have been asked to sign pledges agreeing to take their grievances to the CAS rather than seeking redress elsewhere.

The CAS operates by means of a 12-person panel which sits in the Swiss-based court but is on hand at relevant events to pass judgment on controversies. The panel is made up of a mixture of scientists, lawyers and sports people.

The advantages thus far have been an avoidance of litigation and a speedier resolution to disputes. Critics, however, have attacked the court for being too athlete-friendly and it has been suggested that the fear of litigation is a determining factor in the outcome of many cases.

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The world athletics body, the IAAF, prohibits its members from appealing its decisions to the IAAF.

Ironically, it was Michelle De Bruin herself who was the first to avail of the services of the CAS at an Olympic occasion.

On July 22nd, 1996 following a protest by five countries at her late entry to the 400 metres freestyle race in Atlanta, the CAS convened and turned down the protest, made by the US, Germany, Australia and the Netherlands.

More recently, the CAS came to prominence when it reinstated Canadian snowboarder Ross Rebagliatti to the gold medal position in his event in the Winter Olympics in Nagano in Japan after he tested positive for cannabis.

FINA have had a turbulent history with the CAS and expressed their disappointment when Russian athletes (including a swimmer) were reinstated having been found to be using the steroid derivative Bromantin (which was not actually included on the list of banned substances at that time).

More recently, the Australian swimmer Richard Upton, accused of using the masking drug probenicid (which he says was prescribed to him for a sore throat) sought to waive his legal rights (which would have included seven levels of appeal court) under Australian swimming rules and have his case heard in the CAS. Parties to the action have agreed that the CAS decision would be final and binding. However Upton was fined just $2000 (Australian) by his federation, who accepted his explanation and declined to impose a ban.

Michelle de Bruin will return to competitive action this weekend at a high-profile international meet in Sarcelles outside Paris, writes Pat Roche. She will confine her participation to two events, the 100 metres freestyle today and the 800 metres tomorrow.

The triple Olympic champion is likely to use the 100 metres as a warm-up swim at a venue where she has met with previous success. She will treat the 800 metres more seriously, looking for an indication of her potential at the distance in view of her expressed intent to attack the Irish men's record at the French national championships at the end of this month.

The Minister for Tourism, Sport and Recreation, Dr James McDaid, phoned de Bruin yesterday morning. He said that he was saddened by what had occurred and hoped that de Bruin, whose achievements, he said, had been a source of great pride to the country, would succeed in establishing her innocence. He deplored the manner in which the allegations found their way to the media and hopes she will be allowed the privacy and time to make her case.