Speaking at
a forum of international sports federations in Lausanne on Tuesday, Moynihan
defended the BOA’s right to set its own selection criteria, insisting that the
ban “sends out a very strong and positive message that doping in sport is wrong
and in contravention of the values of the Olympic Movement”.
He also
called for tougher punishments for drug cheats than the current two-year
suspension laid down in the World Anti-Doping Agency code, and called for an
independent review of WADA’s performance in the fight against doping in sport,
including its sanctions policy and testing procedures.
“The system
put in place by WADA has failed to catch the major drug cheats of our time,” he
said. “The likes of Marion Jones, many cyclists and the BALCO operation are
only a few of those who have been tracked down and prosecuted, not by WADA but
by the law enforcement officers. So now is a time for change. Now is a time for
informed review.”
Moynihan’s
hard-hitting comments signal his determination to stick with the BOA’s
eligibility by-law, which excludes athletes guilty of serious doping violations
from competing at the Olympic Games in a British vest.
The BOA has
come under increasing pressure to scrap the by-law following the success of American
athlete LaShawn Merritt in overturning the International Olympic Committee’s
‘Rule 45’, which sought to ban athletes who have served drug bans of six months
or more from taking part in the next Olympic Games after their offence.
Merritt, the
Olympic 400metres champion who served a 21-month ban after testing positive for
a banned drug, won a judgment against the IOC at the Court of Arbitration for
Sport, which ruled that ‘Rule 45’ amounted to double jeopardy and was “invalid
and unenforceable”.
The ruling
means the BOA’s by-law could be open to a legal challenge from sprinter Dwain
Chambers or cyclist David Millar, both of whom served two-year drug bans and
are therefore excluded from next summer’s London Olympics.
Last week,
the Danish Olympic federation announced that, in the wake of the Merritt
ruling, it was dropping its own ban on drug cheats competing at the next
Olympic Games.
The
eligibility issue will be top of the agenda at Wednesday's ’s BOA executive
board meeting, the first to be held since the Merritt court case, though the
tone of Moynihan’s speech suggest he is in no mood to follow the Danish example
by backing down.
His
criticism of WADA also represents a firm riposte to the agency after it wrote
to the BOA following the Merritt judgment urging it to test the legality of its
by-law.
The BOA says
the by-law has the support of more than 90 per cent of British athletes, though
it has been criticised by Chambers’s lawyer, Siza Agha, for leaving no room for
redemption for reformed athletes.
Moynihan
said: “We need to ask where in this case is the redemption for the clean
athlete denied selection by a competitor who has knowingly cheated?”

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