World 100 metres record-holder Tim Montgomery has decided to bypass the United States Anti-Doping Agency's appeals process and go directly to the highest court in his bid to contest the agency's decision to seek a lifetime ban for alleged drugs offences.
The doping agency has called for the ban for possible use of
performance-enhancing drugs based on evidence they claim they have gathered during the federal investigation into BALCO, the Bay Area Laboratory Co-operative.
Montgomery's lawyers insist the evidence is inconclusive and the constant leaks of information are prejudicial and have decided to make Montgomery the first athlete to go directly to the Court of Arbitration for Sport.
However, there is a risk as a decision by the panel of three arbitrators cannot be appealed by Montgomery or athletics' governing body, the International Association of Athletics Federations.
The agency claims the panel has only to find comfortable satisfaction, which is prescribed in the new World Anti-Doping code, adopted by the IAAF in March.
His lawyers, however, argue it should be beyond a reasonable doubt as Montgomery is accused of something alleged to have taken place over three years ago.
Montgomery's lawyer Howard Jacobs said: "By turning to CAS we hope that Tim will have the best opportunity to clear his name in a fair and impartial proceeding."
Filed by Barry McEneaney
