Polish fencer can now represent USA after court battle

"I couldn't believe it was over. It all took more than two years, those were the most difficult years of my life. I know the ruling, I'm happy that I have won against the system" - the fencer admitted with satisfaction.

Six-time champion of Poland, Aleksandra Shelton is an accomplished fencer who represented her native Poland four times in the Olympics. Thanks to the CAS decision, she may now start to mentally prepare for her fifth Olympic start.

The arbitration was about Shelton's bid to represent the USA at the Olympics in Tokyo, postponed to 2021 due to the COVID-19 pandemic. The rule says that at least three years must pass from an athletes' last start in a major event in order for them to be eligible to represent another country. However, if their native Olympic committee agrees, athletes can switch teams earlier.

Shelton hoped her window would be shortened to two years, as her last start for Poland took place in July, 2018. The Polish Olympic Committee, however, rejected her bid. In a ruling made on September 28, the CAS rendered this decision baseless.

Shelton will be able to compete in Tokyo next year, as long as she qualifies, that is. This time, with the American team.

Eurosport.pl has seen the CAS ruling, in which the court meticulously analyses the argumentation of the Polish Olympic Committee (PKOl) , as well as that of the Polish Fencing Federation (only the former, however, could be a side in the arbitration).

According to the verdict, the PKOl did not examine whether or not the decision of the fencing federation was justified. It was underlined that by not allowing Shelton to change national teams, the PKOl had ceded its authority to the fencing federation, as it accepted the opinion of the latter without any analysis.

The court also pointed out that the fencing authority had issued two decisions regarding Shelton. In the first one, it allowed her to represent another country, which she did. However, after a series of critical comments the athlete made in the media, the federation changed its decision, which was a violation of the law.

That's not all. The CAS had no doubt that critical remarks cannot be a basis for being prohibited to switch teams, and advised the Polish officials offended by the criticism to either file a civil lawsuit or to take disciplinary measures as outlined in the internal regulations.

The Lausanne court also said the PKOl had not given Shelton enough time to appeal against its decision, making her chances to start in the Olympics all the more complicated. The court added that the Polish officials would have dealt with the matter earlier, if only they had acted wisely and honestly.

Finally, the PKOl has been ordered to cover the legal costs Shelton has incurred (5,000 Swiss francs), as well as the cost of the arbitration (around 30,000 Swiss francs).

The Polish Olympic Committee was surprised by the verdict. "We did not allow the athlete to change national team because the fencing federation had issued a negative opinion regarding the bid. We don't regret making that decision, as we were acting in accordance with the law. We respect the ruling nonetheless" - said Adam Krzesiński, the PKOl Secretary General.

Now, the case will be examined by the International Olympic Committee, yet it should be a pure formality, as the CAS is the highest instance in the sporting law, respected by the Olympic Movement. Its ruling are unquestionable.