Appeal dismissed at eleventh hour

RELATIONS between the Irish and American Olympic delegations were at breakdown point last night after the host country lost its appeal against Michelle Smith competing in the 400m freestyle championship.

A second appeal by the Americans that Smith's entry for the event was received after the deadline had expired was dismissed at a meeting in the early hours of Monday morning.

Later, the ruling took on added significance after Janet Evans, an American swimming legend, was just edged out for the last of the eight qualifying places for the final.

It was the first occasion that Evans, who won four gold medals at the 1988 games in Seoul and at Barcelona four years later, failed to qualify for the final of a major 400m freestyle event.

The decision of the jury of appeal was warmly received by the Olympic Council of Ireland and was conveyed to Smith just hours before she was due to report at the Olympic pool.

Later, the following statement was issued by the OCI president Pat Hickey.

"On Sunday night, July 21st, at 10.0, the OCI office was notified of a further appeal by the US Swimming Federation against Michelle Smith's participation in the 400m freestyle. The OCI was summoned at one hour's notice to a meeting of the court of arbitrators for sport.

"The panel of arbitrators was comprised of three eminent international lawyers. The OCI was represented by Pat Hickey, president, and IOC member, Dermot Sherlock, honorary general secretary, and Billy Madine, the Irish swimming team manager.

"The US Swimming Federation was joined in the appeal by the Swimming Federations of Germany and the Netherlands. It is appropriate to point out that the three countries appealing were the three likely to share medals in this event. Surprisingly, the German Swimming Federation was not present at the court.

"No representatives of the National Olympic Committees of these three countries were present, although the sole responsibility for entering athletes in the Olympic Games resides with the National Olympic Committees concerned.

"The meeting lasted two hours and was conducted in a very fair way by the arbitrators.

"Pat Hickey was notified at 3.0a.m. of the summary result which meant that seven hours later, Michelle Smith could compete in the 400m freestyle."

The official wording of the court arbitrators, comprised of Mr Jan Paulsson, attorney at law, Paris, Mr Luc Argand, attorney at law, Geneva, and Mr Hugh Fraser, judge, Ottawa, was "US swimming has not demonstrated that the participation of Ms Michelle Smith in the 400 freestyle would, in the circumstances of this case, violate a clear requirement of applicable rules and the application of US swimming is therefore rejected."

Evans, in tears after she had left the pool, said in the sense that the Olympic Games are all about the best people competing, it is right that she got in. But I wish she had got in legally. The way she did it was wrong. But it's history now and I've just got to psych myself up for the 800m later in the week."

Richard Quick, the manager of the American women's swimming team, said. "I want to make it absolutely clear that this protest was made before Michelle Smith swam in any event in Atlanta. We are not offering any excuses for Janet's failure.