Michelle De Bruin's final appeal in the Court of Arbitration for Sport (CAS) has been confirmed for May 3rd at the court's headquarters in Lausanne, but a decision on the swimmer's future may not then be known for a further few weeks. Ireland's triple Olympic gold medallist was suspended from competitive swimming for four years by the sport's governing body, FINA, when she was found guilty of tampering with a urine sample last year.
Following delays because of disagreement with CAS over legal issues surrounding how the appeal should proceed, May 3rd and 4th have finally been set aside for the expected two-day hearing. But it has been stressed that although an immediate decision on the matter is possible, it is not definite.
"A decision might be known straight away or it may take some time. Both eventualities are possible," said a CAS official yesterday. "If the panel agrees on the issues before it then we can have a decision after the hearing on May 4th. Or the panel may wish to discuss different issues and render a decision a few weeks after the hearing has been completed. In any event, we will have a decision," he said.
De Bruin's Dublin-based solicitor, Peter Lennon, confirmed that he would definitely be travelling to Switzerland to represent his client. "The case will definitely happen on that day (May 3rd) and I will be there. I can't say too much before the hearing, but I suspect there will be a press conference afterwards."
In theory, this is the final hearing for de Bruin in what has been an eventful three years since her medal-winning spree at the Olympic Games in Atlanta. It is certainly the final time she will have to appear before CAS to argue her case.
However, if a final award by the court is issued against her, there is another way to proceed and that is to file an appeal to the Swiss Federal Tribunal. That appeal must be based on a fundamental issue, or issues, such as an unfair hearing and it will be conducted according to Swiss law. Only two appeals have ever been filed to the Swiss Federal Tribunal following an arbitration decision and both found in favour of CAS.
