Baumann to make last ditch appeal

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Sydney: Former Olympic 5,000 metres champion Dieter Baumann, banned from the Sydney Games for doping, will appeal to sport's highest court on Thursday for the right to run, his lawyer Michael Lehner said on Wednesday.

But the Court of Arbitration for Sport (CAS) could decide it is ineligible to rule on Baumann's bid to overturn the two-year suspension he received on Monday from the International Amateur Athletic Federation (IAAF), Lehner said.

Baumann, who says he failed drugs tests because his toothpaste was spiked with the anabolic steroid nandrolone, has vowed to fight for clearance to run in the September 27 heats for the 5,000 metres, which he won at the 1992 Barcelona Games.

The 35-year-old German tested positive twice for nandrolone last year but was later cleared by his national federation. The IAAF was not satisfied with the decision however and referred the case to its arbitration panel, which ruled Baumann should be banned.

The IAAF does not currently recognise the right of the CAS, an International Olympic Committee (IOC) body, to hear doping cases and its own highest tribunal, the IAAF ruling council, rejected an appeal from Baumann on Tuesday.

Lehner told the German sports news agency SID a three-judge CAS panel would hear the case on Thursday, though he admitted he could not be sure yet if it would be eligible to make a ruling.

But all participants in the Sydney Games have signed an agreement recognising the CAS' jurisdiction over incidents occurring between September 5 and October 1, provided all other legal means have been exhausted.

Baumann's ban was criticised by German federation (DLV) president Helmut Digel, who is also a member of the IAAF's ruling council.SID quoted Digel as saying the athlete had been excluded from the Olympic village as a result of Monday's decision, but would only be thrown out of Germany's Olympic team if the CAS failed to clear him to run.

Baumann could also challenge the ban in a civil court in the Australian state of New South Wales, but is increasingly unlikely to be able to do so in time to take his place on the 5,000 metres start line.



(c) Reuters Limited.