The Hindu : Sport : CAS dismisses Neelam Singh’s appeal

Online edition of India's National Newspaper
Saturday, Jul 07, 2007
ePaper

Sport

Sport

CAS dismisses Neelam Singh’s appeal

K.P. Mohan

Suspension of two years to end on August 11

Arbiter unconvinced of procedural irregularities
Neelam has another month to complete her suspension

NEW DELHI: More than a year after she moved the Court of Arbitration for Sport (CAS) against the decision of the Athletics Federation of India (AFI) to suspend her for two years on a doping charge, CAS has dismissed discus thrower Neelam Jaswant Singh’s appeal.

In a decision taken by the Lausanne-based court, dated July 2, on her appeal filed on June 2, 2006, the sole arbitrator in the case, Loh Lin Kok wrote that Neelam had committed an anti-doping rule violation and was ineligible to compete for a period of two years from August 12, 2005 to August 11, 2007.

Long-drawn battle

In what turned out to be a long, drawn-out battle between the athlete and the authorities since she tested positive for stimulant pemoline at the World championships in Helsinki in August 2005, Neelam failed to convince the arbiter that there were enough procedural irregularities either in testing and reporting or in the hearing process.

Exonerated by the Davaram panel on March 13, 2006, Neelam was found “guilty” by the same panel on April 24 after the IAAF threatened to drag the case to CAS and to report the AFI to its Council.

Faced with an embarrassing situation, the AFI asked the Davaram panel to review the case.

The committee ruled that there indeed was a doping violation and the earlier decision should be withdrawn in the light of explanations provided by the IAAF about the issues raised by Neelam regarding laboratory procedures. The panel imposed a two-year suspension.

Neelam’s counsel, Sushil Salwan, argued that the Davaram panel had ceased to function once it gave its split ruling on March 13 and it had no authority to review the decision.

Mr. Kok ruled that the doctrine of “functus officio” (having performed his office) did not apply in this case since the Disciplinary Tribunal of the AFI had not taken a final decision on the matter and as per AFI rules such decisions were to be forwarded to the AFI Executive which could accept it and put it up for ratification before the general body.

‘No evidence’

The arbitrator observed that Neelam could not produce any evidence to show that she had received a copy of the March 13 decision.

He also noted that the dissent of (Gurbachan Singh) Randhawa had prompted the AFI to seek the expert opinion of the IAAF on procedural irregularities cited by Neelam.

The sole arbiter did not explain how any decision by a panel could be reviewed by the same panel and a different verdict arrived at without giving the defendant an opportunity to argue her case in the extended deliberations.

The arbiter also found no merit in Neelam’s contention that the IAAF letter of April 6 to AFI was “intimidating” and the international federation had abused the process by seeking a change of the initial decision.

Technical objections

The arbitrator rejected all technical objections with regard to laboratory procedures based on the explanations given by two experts called by the IAAF.

There was no mention in the final award about the objection raised by the Punjab athlete, well after the hearing process had started, that Mr. Kok, being an office-bearer of the Singapore Athletics Association, could not be expected to function independently in a case in which the IAAF was a party.

Neelam, 35, 2002 Asian Games champion now based in Canada, has plans to come back after she completes her suspension in just over a month.

The arbiter did not award costs to any party considering Neelam’s financial position. CAS will retain the court fee of 500 Swiss Francs (Rs. 16,500) paid by Neelam.

Printer friendly page
Send this article to Friends by E-Mail