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News (Media Awareness Project) - Canada: Drug Ban Invalid, Lawyer Says
Title:Canada: Drug Ban Invalid, Lawyer Says
Published On:2000-09-14
Source:Toronto Star (CN ON)
Fetched On:2008-09-03 08:41:50
DRUG BAN INVALID, LAWYER SAYS

Lamaze Cocaine Case Takes Another Unexpected Twist

Equestrian Eric Lamaze was not under the jurisdiction of the Canadian
Centre for Ethics in Sport when he used cocaine last month because he had
already been quietly handed a lifetime ban for using a common diet
supplement, documents to be filed at a reinstatement hearing allege.

The complicated and disturbing chain of events leading to Lamaze's lifetime
suspension from equestrian sports last week are chronicled in three letters
from Lamaze's lawyer Tim Danson.

The letters were sent to the centre's lawyer Bob Morrow this week and
released to The Star by Phil Henning, who owns Lamaze's $2 million Olympic
mount Millcreek Raphael, which is currently in Sydney.

Both Danson and Lamaze, through Danson, refused to comment either on the
case or the contents of the letters.

The letters say Lamaze was banned for life on Aug. 18 for using a herbal
diet remedy - the day before he used the cocaine that led to last week's
life suspension.

The letters, which form part of the official record for Lamaze's Category
Two reinstatement hearing, which could be held as early as tomorrow in
Ottawa, allege the Aug. 18 ban had a catastrophic impact on Lamaze, a
recovering cocaine addict, and triggered the one-time cocaine use.

"It is an indisputable fact that, in the context of a suicidal freefall
(brought about by the suspension), Eric Lamaze consumed cocaine on Aug.
19,'' the letters state.

"While clearly unintended, the actions of the CCES and the Doping Control
Review Board on Aug. 18 directly triggered the tragic events that followed.''

Lamaze was later reinstated on the issue of the supplement ban. But since
he was already technically under a lifetime suspension when he used the
cocaine and not officially an athlete subject to doping control tests, the
subsequent lifetime ban for cocaine use should also be lifted, the letters say.

Furthermore, on the same basis, Lamaze should be reinstated immediately as
a member of Canada's Olympic show jumping squad in Sydney, they state.

Danson has insisted that Lamaze has repeatedly tested clean for cocaine use
over the last four years.

Victor Lachance, spokesperson for the ethics in sport centre, issued a
statement yesterday saying the facts of the case may not be as they appear.

"You have in hand what we consider to be prejudicial information against
Mr. Lamaze, and I have to question how that information has come into your
possession and for what purpose,'' Lachance said.

"The CCES will not comment on the merits of Mr. Danson's assertions or
opinions concerning the facts stated in the letter. It's our information
that Mr. Lamaze may be in a fragile state of mind and we are taking every
precaution to ensure nothing prejudicial be said or done to put Mr. Lamaze
in harm's way.''

Lachance confirmed that Lamaze tested positive for use of a diet supplement
containing a banned substance, but that it was considered inadvertent
because the bottle had not been properly labelled.

"On July 22, Mr. Lamaze tested positive for a stimulant associated with a
nutritional product,'' Lachance said. "The facts of the case indicate that
Mr. Lamaze was adversely affected by the manufacturers marketing and
packaging practices and Doping Control Review Board's conclusion was that
this does not constitute a doping infraction.''

Canadian Equestrian Federation executive-director Don Adams told The Star's
Dave Perkins that the CEF "is not involved'' in the arbitration case itself
and that "we're waiting to hear'' the result of the hearing. "We will abide
by the result of the arbitrator,'' Adams said.

Among other things, Danson's letters, dated Sept. 11, 12 and 13, state that:

On Aug. 18, Lamaze was advised in writing by the Canadian Equestrian
Federation that Dr. Andrew Pipe, chair of the Canadian Centre for Ethics in
Sport and chair of the Doping Control Review Board, had "banned (him) from
competing in Canadian Amateur Sports for life, commencing July 22, 2000.''

On Aug. 19, "in the context of a suicidal freefall'' brought on by what he
believed to be a lifetime suspension from his livelihood, Lamaze consumed
cocaine.

After intervention from his lawyer, the lifetime ban was lifted on Aug. 24
and was downgraded to a warning.

On Aug. 29, the centre for ethics in sport did a random, at-home test on
Lamaze.

Lamaze was dumped from the Olympic show jumping team last week after
testing positive for cocaine metabolites in two split samples taken on Aug.
29 at his Schomberg home.

The offence, Lamaze's second, carries with it an automatic lifetime
suspension. The life suspension means Lamaze cannot ride or coach at any
Canadian Equestrian Federation sanctioned event.

Lamaze was also bumped from Canada's 1996 Olympic squad after testing
positive for cocaine use just weeks before the team left for Atlanta.

He was given a four-year ban, but that was tossed out in 1997 by an
adjudicator as being "too excessive.''
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