JULY 18 - DWAIN CHAMBERS (pictured) has failed in his legal bid to overturn the British Olympic Association (BOA) ban on him competing in the Beijing Games next month.

 

Chambers, 30, took his case to secure an injunction against the BOA by-law to the High Court, but the ruling has gone against him.

 

The ban was imposed by the BOA because of the sprinters's self-confessed past use of performance-enhancing drugs.

 

Justice Sir Colin Mackay issued his ruling this morning after spending yesterday listening to the conflicting arguments over the athlete's attempt to win an injunction suspending the by-law before a full trial of the issues in March next year.

 

Chambers' barrister Jonathan Crystal argued yesterday that the by-law was an “unreasonable restraint of trade” and “arbitrary, capricious and irrational”.

 

But it was David Pannick, QC, for the BOA who saw off Chambers' challenge.

 

He responded that there was no financial incentive to competing at the Olympics, although some countries, including the United States, award cash for medals.

 

Pannick took issue with Crystal's claim that Chambers had served his two-year ban, in accordance with International Association of Athletics Federations (IAAF) rules, and that the BOA ban is an additional, unfair punishment.

 

He pointed out that the International Olympic Committee (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.

 

Mackay said Chambers' right to work was not a good enough reason to overturn the ban.

 

He also said if Chambers' team had launched the appeal earlier, there would have been more chances to research evidence and expressed concerns about "the harmony and management of the British team" if an injunction was granted.

 

Mackay said: Many people both inside and outside sport would see this by-law as unlawful.

 

"(But) In my judgment it would take a much better case than the claimant has presented to persuade me to overturn the status quo at this stage and compel his selection for the Games."

 

Chambers still has the right of appeal against the decision, but the clock is against him with any hearing having to take place before the end of the Court's proceedings today.

 

Chambers left the High Court without saying anything and was pursued away from it by a scrum of photographers and televison crews.

 

BOA chairman Colin Moynihan said: "I have to say that it is a matter of regret that Dwain Chambers – an athlete with such undoubted talent, a winner of the European Youth Olympic Festival 100m as a young man - should by his own actions have 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 drug cheating offences should have the honour of wearing a Team GB vest at the Olympic Games.

 

"The Court’s decision allows us now to focus on and support those athletes who will be travelling to the Beijing 2008 Olympic Games to represent Team GB in just 21 days time. 

 

"We must now focus on their interests."

 

Moynihan said that the BOA would not pursue any costs from Chambers.

 

UK Athletics said it fully supported the decision.

 

A statement said: "We have always maintained out supported of the by-law and are delighted it has been maintained in this instance."