NSW Bar Represents Canadian Athlete, Thursday, 14th September 2000

A Cuban-born diver last night lost the right to represent his adopted homeland, Canada, in the Sydney 2000 Olympic Games.

Arturo Miranda took his case to the Court for Arbitration in Sport with help from the New South Wales Bar Association's Olympic Pro Bono Scheme, which provides free legal assistance to athletes.

Although named to the Canadian Olympic team, when he arrived in Sydney Mr. Miranda was denied accreditation by the IOC. He could not even gain entry to the Olympic village or train in the Olympic aquatic centre.

Mr Miranda became a permanent resident of Canada in 1995 and a citizen in 1999. Under a by-law in the Olympic Charter, he could have competed for his adopted country, provided the Cuban Olympic Committee waived the requirement that Mr Miranda was a national of Canada for three years before his participation in the Sydney 2000 Games. However, they did not, effectively denying him the right to compete.

Unfortunately for Mr Miranda, the Court held that he was not entitled to participate in the Games. However, the Court requested the IOC to ask the Cuban Olympic Committee to reconsider its 'inexplicable' decision in time for him to compete.

The President of the Bar Association, Ruth McColl S.C., described the case as important because 'it examined the concept that the Games are a contest between athletes rather than countries. It examines whether the interests of athletes should be the basis of the Olympic Movement. It is also important because it led the Court to recommend that the IOC re-examine the wording of its Charter and consider an amendment that could reduce unintended hardship to individual athletes'.

The Olympic Pro Bono Scheme is the first of its kind to be available to athletes, and the response from the NSW Bar has been enthusiastic. More than 60 barristers have offered their expertise free of charge during the Games.

Ms McColl will be available for interviews. For further information about the Olympic Pro Bono Scheme, contact Chris Winslow, Public Affairs Officer at the New South Wales Bar Association on ph: (02) 9229 1732; mobile 0409 245 369; fax (02) 9221 1149 or email: cwinslow@nswbar.asn.au

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