A CAS ruling which could determine whether or not David Millar will be able to compete in next year’s London Olympics is due to be announced next Thursday.
The case in question relates to the American runner LaShawn Merritt, who won the 400 metre race at the 2008 Olympic Games, but its outcome could have a direct effect on the current ban blocking Millar from taking part.
Merritt tested positive three times during the winter of 2009/2010 for the steroid DHEA. He claimed afterwards that he had been taken the substance ExtenZe, referred to as a ‘male enhancement product,’ which its manufacturers claim boosts genital size. He was handed down an 18 month ban, which he completed in July.
While LeMerritt is already eligible to compete in regular events, he is blocked from competing in the London Games under Rule 45 of the Olympic Charter. This prevents those with bans of greater than six months from competing in the next Olympic Games after they return from a suspension.
Although Millar completed his own two year suspension for EPO use in 2006, missing out on the 2008 Games, he currently faces a lifetime ban from Olympic competition under British sporting rules. These are stronger than Rule 45 of the Olympic Charter, blocking competitors from competing in any further Games.
It is believed by some that if Merritt successfully appeals against Rule 45, that this could in turn weaken the argument for a lifetime ban and lead to that being successfully appealed. His appeal was lodged by the US Olympic Committee, which is arguing that it amounts to a double punishment.
The CAS Panel examining the case comprised of Prof. Richard H. McLaren (Canada), President, Mr Michele Bernasconi (Switzerland) and Mr David W. Rivkin (USA). A ruling was originally scheduled to be handed down on or before September 30th, but CAS extended that by six days.
Millar has said in the past that he would like to compete in the London Olympics, but also said that he personally had no desire to appeal the ban. In June he told the Press Association that he felt the backlash would be too much. “I do think that the lifetime ban shouldn't exist, there's no doubt about that,” he said. “But I don't know whether I am the person to go against it because I'm not sure if I want to risk all that negative energy sent my way if I attempt to do it. I'd love to compete for Team GB but I think the cons might outweigh the pros.”
Millar finished second in last year’s world championship time trial and won the Commonwealth Games gold medal. He was an important part of the team which helped Mark Cavendish win gold for Great Britain in last Sunday’s Elite world championship road race.
If he were to compete in London, he would be a contender for a medal in the time trial. His chances of doing so will hinge on the decision next Thursday.