Court cannot rule on Pakistan duo

The Court of Arbitration for Sport has ruled that it has no jurisdiction to reverse a decision to overturn Shoaib Akhtar and Mohammad Asif's drugs bans.

The Pakistan pacemen were suspended for two years and a year respectively after testing positive for nandrolone.

But the Pakistan Cricket Board lifted the bans after the players claimed they had not knowingly taken the drug.

And the Lausanne-based court cannot get involved as the PCB does not recognise its authority.

The World Anti-Doping Agency (Wada) had hoped to have the suspensions upheld after appealing to CAS to interject.

The CAS has considered that it has no jurisdiction to decide the dispute

A statement from the Court of Arbitration for Sport

Wada chairman Dick Pound had told the BBC last December that the ICC - the game's governing body - was "a signatory to the anti-doping code" and that Pakistan, as a full member of the ICC, was bound by its rules.

But a statement from CAS read: "The Court of Arbitration for Sport has dismissed the appeal filed by the World Anti-Doping Agency against the Pakistan Cricket Board Anti-Doping Appeals Committee dated 5 December 2006.

"The CAS has considered that it has no jurisdiction to decide the dispute between the World Anti-Doping Agency and the Pakistan Cricket Board, Shoaib Akhtar and Mohammad Asif."

Both players were in Pakistan's squad for Sunday's rain-ruined one-day match against Scotland, but could play against India in Glasgow on Tuesday.

And Pakistan Cricket Board chairman Dr Nasim Ashraf said the CAS ruling showed the procedures followed by them had been "correct and justified".

He continued: "We followed the rules and regulations and that is why we have won this case. The PCB's policy has been proven correct and we are satisfied by this.

"The important thing about this case was that players always said they took protein substances unknowingly and this decision exonerates them."

PCB working to avoid embarrassment defending pacers

KARACHI: Publicly, the Pakistan Cricket Board (PCB) is defying World Anti-Doping Agency and the Court of Arbitration for Sports (CAS) on the case of fast bowlers Shoaib Akhtar and Mohammad Asif.

But privately, the Board officials are making behind-the-scenes moves to avoid any embarrassment if they had to defend the dope-tainted players in front of the CAS after the New Year break.

A PCB official told this correspondent that though the Board is hoping that its stance that WADA or CAS has no legal right to challenge Pakistan’s decision to clear Shoaib and Asif would help end the doping saga, it is in the meantime, in constant touch with legal experts including a leading British sports lawyer Mark Gay.

The lawyer has been working for the PCB on a few cases since helping them out in the aftermath of The Oval Test fiasco. The official said that the idea is to be fully ready for any kind of scenario that emerges in the next couple of weeks.

He said that the PCB is ready to go all the way to defend Shoaib and Asif in a bid to keep them in contention for next spring’s World Cup in the West Indies. Asif is seen as a key figure in Pakistan’s bowling attack and would be spearheading it during next month’s tour of South Africa. Shoaib has been overlooked for the trip but because of his sheer pace, he is regarded as an important player in Pakistan’s World Cup campaign.

Both the players were banned after testing positive for illegal performance-enhancing substance nandrolone but later won their appeals and are eligible to play international cricket. However, there is some uncertainty over their future because WADA has appealed against Pakistan’s U-turn over the doping bans in the Lausanne-based CAS.

The high-powered CAS arbitrates international sports’ disputes and WADA officials believe that it can help punish the Pakistani pacers who did fail dope tests in October but were let off by an appeals committee on the grounds that they were not told about possible contamination of protein supplements.

However, the PCB has rejected the intervention of both WADA and CAS on the grounds that it is not a signatory to any international anti-doping code. “The dope tests though which Shoaib and Asif were caught were carried out internally by the PCB.

We allowed proper legal procedure through which the players were initially banned and later cleared by committees formed by competent judges, cricketers and doping experts. The case is closed and we believe WADA or CAS is not authorised to challenge it,” said the official.

He said that the PCB has consulted the matter with expert lawyers who agree that the Board has a point. However, if the case does come up for a debate in the CAS then the PCB would support the players through all possible measures.

“Shoaib and Asif are two of our leading cricketers and they have been exonerated by an appeals court. If there is a danger of them getting banned against for the same doping offence then the PCB would use all its resources to help them,” said the official.

He rejected the impression that Shoaib has fallen out of the PCB good books after refusing to wear a sponsor’s logo in this month’s Twenty20 Cup in Karachi and might be ditched by the Board. “Shoaib got punished for what he did,” said the official.

The maverick pacer was fined Rs10,000 for his refusal to wear the logo but there was a whispering campaign that the Board might have handed Shoaib the real punishment for his act of defiance by ignoring him for the tour of South Africa. “It is a false impression. The only reason why Shoaib was dropped was his lack of match fitness,” said the official.

PCB reacts sharply to CAS letter

ISLAMABAD: While challenging the jurisdiction of the World Anti-Doping Agency (WADA), the Pakistan Cricket Board (PCB) strongly refuted claims for the start of Mohammad Asif and Shoaib Akhtar’s appeal case in the Court of Arbitration for Sport (CAS), writes Abdul Mohi Shah.
In a hard-hitting reply to a letter received on Friday from the CAS, PCB Chairman Dr Nasim Ashraf said that the court had no legal or moral right to approach the PCB.
The content of the letter available exclusively to ‘The News’ says: “It seems to us to be direly plain that the CAS lacks jurisdiction to entertain any appeal and WADA lacked the standing to launch one. Therefore we do not understand how you can entertain such an application still less make peremptory orders providing for compliance within short time scales over the holiday period,” the letter addressed by the PCB to CAS’s David Caslerly says.
Moreover the chairman said, “We would not abide by any orders made by any CAS panel as we do not wish to take any step which might be seen as having accepted that CAS has jurisdiction.”
The reply came following a letter received by the PCB headquarters in Lahore from one David Caslerly of Court of Arbitration for Sport.
Caslerly in his letter addressed to the PCB chairman demanded all the relevant material and dates suited to the board for the start of Shoaib and Asif case hearing in CAS.
While Shoaib was banned for two years, Asif got one year ban for using performance-enhancing drugs called nandrolone.
Both Shoaib and Asif were cleared of charges by appeal panel a month after ban was imposed by the PCB commission headed by Barrister Shahid Hamid. The day the two were given reprieve by the PCB appeal panel, the matter was taken up by WADA, which filed an appeal against the lifting of the ban in Luciana-based court.
However, the PCB always maintained that WADA or the CAS has no jurisdiction to hear such an appeal.
“The PCB is not a signatory of WADA code and thus does not abide by its rules.”
It is also strange to note that while almost all the European courts are closed due to the Christmas and New Year holidays, the CAS still pursues the appeal matter to possibly appease WADA or those who are interested in solving the case at earliest.
Asif on Friday was named in the Pakistan team for the tour of South Africa while fitness problems kept Shoaib out.

Pacemen i.e shoaib n Asif may still face ban, says Shahid Hamid

LAHORE: The World Anti-Doping Agency may be able to reinforce the ban against doping-tainted Pakistani pacemen Shoaib Akhtar and Mohammad Asif, the country's anti-doping tribunal chief said on Sunday.

"According to the WADA code they can apply for provisional suspension," barrister Shahid Hamid told media, quashing suggestions the pair were now in the clear.

Hamid headed the three-member Pakistan Cricket Board (PCB) tribunal which last month banned Akhtar for two years and Asif for one year, after the new-ball pair tested positive for the banned steroid nandrolone.

Both bans were overturned by a committee headed by a retired high court judge earlier this month, which ruled the pair had not been fully educated about doping matters.

Hamid said Pakistan was obliged to follow WADA rules.

"It is a fact that Pakistan government signed the Copenhagen declaration in 2003, like other 186 governments, including 38 countries in Asia," he said.

"Pakistan government has paid to WADA the annual and subscription fee for the years 2006 and 2007.

"This declaration, through culture and sports ministries, binds us to follow the WADA codes and under clause 13 of their codes, the WADA has the right of appeal against the decision of a national anti-doping commission whether it is done during the competition or out of competition."

Hamid also disagreed that Akhtar's decision not to sign a contract with the PCB could give him any leeway.

"Akhtar has not signed the latest contract, but he has signed an identical contract before and that contract in its provision is identical and under clause 3 of the contract he was bound not only by the PCB but by the ICC anti-doping policies as well," he added.

Doping Saga continues-III

read first:Doping Saga continues II
As discussed earlier that ICC are WADA are not happy with the decision of PCB for overturning the ban on shoaib and Mohd. Asif after the dope test being found positive,so after a lot of discussion and gossip,WADA has finally knocked the door of International court of Justics for sports and they have submitted their appeal against PCB's decision.
If u are wondering about the stand of ICC here,so let me clear what ICC said,
"Our Lawyers have studied that case very carefully,and we agree that we cant interfere in the matter legally anyhow.But still,we back WADA and will provide our full support if needed"
WADA thinks very oppsite to ICC.WADA official announced that they have the right to interfere in any doping case happened anywhere in the world and they have the right to appeal against PCB.
The hearing of the appeal is expected to be after the christamas holidays.

ICC backs WADA on Shoaib, Asif dope case

DUBAI: The International Cricket Council backed Monday WADA's appeal to CAS to reinstate doping bans on Pakistan fast bowlers Shoaib Akhtar and Mohammed Asif.

The Pakistan Cricket Board had banned Akhtar for two years and Asif for one on Nov. 1 after they tested positive for the banned steroid nandrolone. But an appeals tribunal overturned the decision on Dec. 5.

ICC chief executive officer Malcolm Speed said his organization will offer WADA its full support.

"Our lawyers have examined the finding of the Pakistan appeals panel and do not believe the ICC has a right of appeal, but we will cooperate with WADA and provide it with any assistance it requires," Speed said.

The World Anti-Doping Agency will argue to the Court of Arbitration of Sport that Pakistan is a full member of the ICC, which signed up to its code in July.

Speed also said target testing will be implemented for the World Cup starting in March.

Doping Saga continues-II

As i wrote yearlier in the 1st post Doping Saga Continues,that ICC and WADA are taking legal Advice that if they can interefere in the Doping scandal of shoaib and Asif and if they can challenge the decision of PCB for removing the ban from both the pacers.so,Finally ICC and WADA have announced that they are going to challenge the PCB's decision through the International court of justice.
I am very upset with this,As when PCB placed a ban of 2 years on shoaib and 1 years on Asif,ICC clearly announced that it is PCB's internal affair and they can't interfere in it.But now when PCB overturned the ban,they just poked there nose into the matter saying that they are going to challenge the decision.To me,Politics is getting a lot in the game of cricket now a days.
I am not sure what is going to happen now,but this dope scandal is just getting sluggish.And I am sure that everyone by now has got sick of this controversy again and again and now want to hear the final decision whether in favour or against the pacers!

Doping Saga Continues!

The doping Saga still continues,and the latest result is that the ICC and WADA both are not happy with the Ban reversal of Shoaib Akhtar and Mohd Asif.WADA official announced that they are taking legal advice so if they can interfere in the matter and if they can challenge the decision legally.
Whereas,the PCB chairman Naseem Ashraf said that the decision of the tribunal commitee is final and there will be no reversal or changing in the decision.
There is also a rumorous going on the Nandrolone can presists in human body for six months and Woldcup is just four months away now.So there's another threat is that when ICC will conduct dope test before Worldcup,Shoaib and Asif might test positive,and if this happened than i know that no one can protect shoaib and Asif from the ban!
I know that all of Pakistani people and Asif and Rawalpindi express fans must be praying that WADA and ICC should not get into the matter but the situation is not looking Good and anything can happen anytime,so I request shoaib and Asif fans to get ready to hear any other shocking news!

Shoaib And Asif to play in Twenty20 tournament!

LAHORE: Pakistan fast bowlers Shoaib Akhtar and Mohammad Asif will return to action in a Twenty20 Cup domestic tournament later this month after being cleared of doping charges, an official said on Saturday.

The duo had their long-term bans set aside on Tuesday by a PCB appeals tribunal.

“Both have been cleared by the board to resume playing domestic cricket. They have shown willingness to play in the Twenty20 tournament which starts from December 21,” Saqib Irfan, a Board official said.

The bowlers were recalled from the ICC Champions Trophy in India in October after testing positive for the banned steroid nandrolone in an out of competition test.

Shoaib and Asif were subsequently banned for two years and one year respectively by another drugs inquiry commission in early November before successfully appealing against the decision.

The panel said both players had not intentionally taken the banned substance and were not properly advised about their supplements.

The PCB selectors said both will only be considered for the tour of South Africa early next year after they have proved their match fitness and form in domestic cricket.

Irfan said all the leading players in contention for the South Africa tour, including captain Inzamam-ul-Haq, have confirmed they would represent their teams in the regional Twenty20 competition in Karachi.