Application by the Irish Boxer Joseph Ward

London, July 26, 2012: The ad hoc Division of the Court of Arbitration for Sport (CAS) has rendered its second decision in London. It has dismissed a request for arbitration filed by the Irish boxer Joseph Ward (-81kg) who has challenged his non-qualification for the 2012 Olympic Games.

Not directly qualified for the Games, Joseph Ward had not been picked either by the International Boxing Association (AIBA), or by a Tripartite Commission, composed by representatives of the AIBA, the IOC and the Association of National Olympic Committees (ANOC), which had chosen to invite the boxer Bosko Draskovic from Montenegro. Joseph Ward considered that the competent authorities did not properly apply the qualification criteria with regard to his situation.

A CAS Panel composed of Prof. Massimo Coccia (Italy), President, Mr Martin Schimke (Germany) and Ms Maidie Oliveau (USA) held a hearing last night from 9pm to 2am. Joseph Ward, the IOC, the AIBA, the ANOC, as well as the NOC of Montenegro were represented by counsels. The Irish Olympic Council and Bosko Draskovic have been also invited but chose not to attend.

The CAS Panel ruled that it lacked jurisdiction to deal with the application of Joseph Ward, either as an application under the CAS ad hoc Rules for the Olympic Games or as an appeal under the usual rules of the CAS.

Furthermore, the Panel has considered that, even if the CAS had jurisdiction to decide the matter, the application would have to be dismissed on the merits too. Indeed, Ward would not have qualified for any open slot had any such slot been made available based on his claim that Bosko Draskovic was not eligible by the Tripartite Commission.

The full decision with the grounds is published on the CAS website (www.tas-cas.org). —- Court of Arbitration for Sport Ad hoc Division – London 2012

CAS Rejects an Irish Boxer’s Appeal for Olympic Spot
London, Great Britain, 26 July 2012 – The Ad Hoc Division of the Court of Arbitration for Sport this afternoon rejected an appeal by the Irish boxer, Mr Joe Ward, against the decision of the Tripartite Commission to award a place at the London 2012 Olympic Games to the Montenegrin boxer, Mr Bosko Draskovic.

The CAS Panel specifically pointed out the fact that, even if the CAS had jurisdiction in relation to this matter, Mr. Ward’s appeal would have failed on its merits. The CAS Panel confirmed AIBA’s position that Mr Ward could not have been considered as the “next best ranked boxer” given his 16th place finish at the AIBA World Boxing Championships Baku 2011.

In addition, while the decision was the undoubtedly the right one, it is lamentable that the lawyer of Mr Ward waited until the last minute to make his application to the CAS which ruled that Mr Ward’s appeal was made outside the relevant time limits and that, therefore, the CAS did not have the requisite jurisdiction. —- AIBA