Caster’s all-star defence
Athlete releases list after IAAF jumped the gun with its list
CASTER Semenya’s lawyers have released a list of the 10 expert witnesses who will testify in her appeal against the International Association of Athletics Federations’ controversial female eligibility rules at the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland this week.
The release of her list of experts was against protocol, but the CAS granted Semenya permission to make it public after the IAAF disclosed the names of their witnesses the day before.
Semenya’s law firm, Norton Rose Fulbright, said yesterday that the twotime Olympic champion believed athletes affected by the regulations should be permitted to compete without discrimination. “The IAAF’s regulations do not empower anyone. Rather, they represent yet another flawed and hurtful attempt to police the sex of female athletes,” the firm said.
“Semenya’s courage and perseverance in her fight to run free is an inspiration to young athletes in her home country of South Africa and around the globe.”
The law firm said athletes with so-called “differences in sexual development” (DSD) should be “celebrated for their natural talents, as are all other athletes with genetic variations”.
The IAAF’s challenged regulations would require women with naturally elevated levels of testosterone to lower them to below 5 nanomoles for at least six months. The laws would affect only athletes competing in the distances between 400m to 1500m, which are the events Semenya excels at on the global stage.
Semenya’s lawyers have assembled independent witnesses covering a range of expertise to provide evidence in support of her case.
The team includes a paediatric and adolescent gynaecologist who has focused on DSD, a specialist in genetic differences that impact on athletes’ performance, a psychologist and a statistician.
Among the witnesses is Professor Eric Vilain, a geneticist specialising in gender-based and endocrine genetics, including DSD.
According to Norton Rose Fulbright, Vilain has spent almost a decade analysing whether female athletes with DSD should be subject to regulation, including in consultation with the International Olympic Committee and as part of working groups including IAAF representatives.
Semenya’s legal team on Monday hit out against the IAAF for releasing their list of expert witnesses. “The arbitration proceedings are subject to strict confidentiality provisions and this information should not have been released,” Norton Rose Fulbright said.
“Ms Semenya believes the IAAF press release is a clear breach of the confidentiality provisions... orchestrated in an effort to influence public opinion in circumstances where the IAAF knew that Ms Semenya would not be prepared to respond because she was complying with her confidentiality obligations.”
Meanwhile, South African 100m record holder Akani Simbine said he was encouraged by the support other athletes had given Semenya.
“Caster is actually really strong; she is going into this thing with a strong mind and believes she can get through it in a positive way,” Simbine said at this year’s Laureus World Sports Awards in Monaco on Monday.
“We are all supporting her and wishing her all the best. I’ve seen a lot of posts from other sportsmen and women who support her with what she is going through and what other sportswomen are also going through.”