LEXPERT MAGAZINE
|
MAY 2019 17
"With my youngest
son, Thomas, I was
watching the 800 me-
tre competition in the
2009 world champion-
ships held in Berlin,
and we were scream-
ing our heads off for
Caster," Nott recalls.
"But before we knew it,
she was stripped of her
title and suspended."
GREG NOTT
NORTON ROSE FULBRIGHT
"significant performance advantage" that
Semenya and similar athletes had over oth-
er female athletes. But the panel members
unanimously expressed "serious concerns
about aspects of the practical application
of the DSD Regulations when they are im-
plemented". More particularly, they were
concerned about athletes who, through no
fault of their own, might not be able con-
sistently maintain the mandated testoster-
one levels.
In character, Semenya — who won her
final race before the new rules took effect
— made it clear that she had no intention
of complying. And in solidarity, the ASA
didn't take long to announce that it intend-
ed to appeal to the Swiss Federal Tribunal.
For his part, Sayao sees reason for opti-
mism going forward.
"It wasn't as clean a win for the IAAF as
some would have expected," he says. "Quite
apart form the fact that one arbitrator
agreed with us, you don't oen read deci-
sions where strong concerns are expressed
by panel members about the difficulty of
implementing their award."
e appeal court will also have to
deal with the widespread global support
for Semenya.
"e United Nations Human Rights
Council and three UN special rapporteurs
filed an amicus brief supporting Semenya
before the CAS," Nott says.
Above all, there's little doubt that Seme-
nya will stay the course.
"Caster is indomitable, she is strong and
she takes everything she does in her stride,
including the decision," Nott says. "Our
team will continue to coordinate our attack
against the regulations until we prevail."
FEATURES
