The President of the AOC, John Coates, today said that the AOC does not agree with aspects of the Court of Arbitration for Sport’s decision in Miriam Manzano’s appeal against non nomination...
The President of the Australian Olympic Committee, John Coates, today said that the AOC does not agree with aspects of the Court of Arbitration for Sport’s decision in Miriam Manzano’s appeal against non nomination by Ice Skating Australia.
The Court of Arbitration for Sport last night refused Miriam's appeal against the decision of the ISA Appeals Tribunal not to overturn the nomination of Joanne Carter to be Australia’s participant in figure skating at the forthcoming 2006 Olympic Winter Games.
Accordingly, the ISA’s nomination of Joanne Carter still stands.
At the conclusion of its decision, the Court of Arbitration for Sport suggested the AOC should proceed on the basis that there was no valid nomination criteria in place and should adopt a new criteria taking into account the performance of all skaters at the three nominated skating events during 2005.
John Coates stated: "We do not agree with CAS that ISA’s nomination criteria was not adopted and provided to the skaters in accordance with our Selection By-Law."
"In developing and improving the nomination and selection procedures since 1992, we have sought to ensure that athletes have a full and fair opportunity to achieve their Olympic dream”.
“The AOC worked closely and extensively with ISA in 2004 and early 2005 to develop the figure skating nomination criteria. ISA was unable to “sign off” on these criteria in early February 2005 and was only able to provide the AOC with final criteria in April 2005. The AOC approved those final criteria within a matter of days.”
“In the present instance, we have been assured by ISA that there was a full verbal disclosure on 15 February 2005 to all skaters seeking nomination, parents, officials and coaches of ISA’s nomination requirements and procedures, including details of all nomination events. We have a copy of the briefing notes used at that meeting and it is readily apparent that the information disclosed was subsequently reproduced in the documents containing the nomination criteria."
"CAS failed to afford the AOC even the most basic of legal rights. CAS proceeded of its own volition to inquire into matters that were outside its authority. It failed to give the AOC any notice that it intended to embark on this course of conduct and failed to give the AOC any opportunity to present evidence and to be heard on this aspect."
"Most importantly, CAS has failed to understand and implement the Olympic Games’ requirement that the AOC can only select athletes to an Australian Olympic Team on the nomination of its national federations. Under the Olympic Charter, the AOC simply does not have the power to select a skater independent of the choice of ISA."
“Because CAS did not overturn Joanne’s nomination by ISA, the AOC cannot select anyone but her to the 2006 Australian Winter Olympic Team.”
AOC