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26. 01. 10 / Hamburg - Final, End, From: Claudia Pechstein has the months- long legal marathon finally lost to her sixth Olympics start. The Swiss federal judge on Tuesday showed the Berlin Eisflitzerin the cold shoulder: They rejected the urgent request of the attorneys from the five- time speedskating Olympic gold medalist and robbed her in view of the trial any illusions.
Pechstein remains the first athlete that is locked with indirect evidence because of conspicuous blood tests for two years. Federal Judge Kathleen Klett based its decision that the Berliner would also be given in the main process, no chance of success. " I am surprised in this case, nothing more. Im still 100 percent sure, sooner or later become fully rehabilitated, " said Pechstein caught. " All who believe in me and support me, can be certain that they will tell me in any case once again seen on the ice, " retorted the 37- year- old Berlin woman all the rumors about an immediate end career. " The time for speculation is over. In Vancouver there is clarity.
I hope that now focus the attention and enthusiasm of the public to the nominated athletes and the sport, " said DOSB president Thomas Bach, but admits: " We do not deny of course the human situation of the athlete and stay with Claudia Pechstein in conversation. " The decision is now at least the DOSB Executive redeemed by a piquant problem in terms of Olympic nomination. Armin Baumert, CEO of the National Anti- doping agency NADA, considers the ruling a strengthening of the sports courts. " The sports world looks at this decision that the autonomy of the sports courts respected. The ruling is a signal that can be derived solely from commentaries from various sources is no unanimity of opinion, " Baumert said dpa.
The judges would certainly weighed everything, they were put under pressure by anybody. Pechsteins lawyers focus on the legal defeat now to a review process before the sports court to which the application may be filed in federal court by the beginning of March you have. The CAS was on 25 November Pechstein confirms ban by the ISU skatings governing body. In the main proceedings before the Federal Court dismissed its chances in the opinion of Tuesday very bad.
It seems even questionable whether there will ever have to a hearing in the proceedings. Before the Federal Court of Pechsteins lawyers had only to complain of procedure of the CAS. " The decision is unfortunately not surprising, " said Pechsteins lawyer Simon Bergmann.
It shows just in this case the sports regulations should be revised. " It can not be that the only two instances of fact take place before the interests led by arbitral tribunals and the first neutral body, the judgments only checked for grave procedural errors. The athlete, this gives a fair trial and must be self- evident wrong judgments suffered with serious consequences, " says Bergmann more. On appeal, the lawyers want to achieve by seeking new trial but still the unlock. So far there has only been one case in which it seemed to the CAS for the resumption of proceedings. Here, the one- year ban against the Italian soccer professionals Daniele Mannini and Davide Possanzini, which appeared too late for a doping test were lifted.
In Pechstein Revisisonsantrag, new insights into their blood anomaly at the center, at the time of the CAS proceedings were not yet known. Whether the Federal Court granting the application, however, seems more than questionable. " We must take note of this decision. This is extremely unfortunate for Claudia Pechstein, " said Gerd Heinz, president of the German Speed Skating Association DESG to the judges decision, adding, however: " We still have big problems with this type of case law. Knowing the facts, I remain personally Claudias side.
But the fact is that their athletic goals Olympia is destroyed for good. " Even in the training camp of the German team in Erfurt, the decision was received with mixed feelings. " This is a tragedy without end, for there are simply too many question marks in this story. But if it is the only one there to the sword must be the madness, " said Germany coach Markus Eicher. Team boss Helge Jasch pointed to the confusing legal situation from his perspective: " One can estimate the courts nothing more, there were so many unexpected things in all directions" . dpa
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