After a positive test for Cannabis in August 2005 the Court of Arbitration for Sport (CAS) decided to impose a warning and a reprimand on the Australian boxer Anthony Little without a period of ineligibility.
In first instance the Sole Arbitrator determined that the violation was not intentional and that the Athlete had demonstrated that the Cannabis was passively inhaled by him in August 2005 prior to the doping test and that he did not actively ingest Cannabis.
Although the Athlete won gold at the Commonwealth Games selection trials in 2005, and he was cleared by the CAS Tribunal, Boxing Australia Inc. decided in February 2006 to exclude the Athlete for the Melbourne 2006 Commonwealth Games.
Hereafter the Athlete appealed with the CAS Appeals Arbitration Division the decision of the BAI Appeal Panel of 21 February 2006, regarding his non-selection for the 2006 Commonwealth Games.
The Athlete asserted that BAI failed to give careful consideration to its undoubted power to amend the Criteria in question and to properly follow and/or implement the Nomination Criteria.
Following assessment of the case the Sole Arbitrator determines that BAI gave consideration to the matters raised by the Athlete and it exercised its discretion not to amend the Criteria in question. Also there is no evidence that BAI acted in an appropriate manner or acted inconsistently with its contractual obligations.
Therefore the Court of Arbitration for Sport decides on 2 March 2006:
1.) The Appeal by Anthony Little against the failure of the Respondent to nominate him to the Australian Commonwealth Games Association for selection in the Australian Team to compete in the 2006 Commonwealth Games, is dismissed.
(…).
