KEY POINTS:
World anti-doping authorities have reopened the case of New Zealand sailor Simon Daubney, cleared after a positive test for metabolites of cocaine during the last America's Cup in Valencia.
The World Anti-Doping Authority (WADA), headed in Montreal by expat Kiwi David Howman, lodged papers appealing Daubney's case with
the Court of Arbitration for Sport in Switzerland last week.
Daubney, a four-time Cup winner, became the first sailor in America's Cup history to fail a doping test after providing a sample containing two metabolites [a substance produced by metabolism] of cocaine on the opening day of the 2007 competition.
The yachtsman subsequently resigned from his Swiss team Alinghi but had his suspension lifted in January by the International Sailing Federation (ISAF). The federation said it had based its decision on a ruling by the Swiss Olympic Association, whose disciplinary chamber ruled Daubney had not infringed any anti-doping rules.
But Howman said: "At the end of the day, WADA has a mandate to look at all such decisions internationally to see whether they have been consistently applied ... If we feel there are some inconsistencies to discuss, we have the ability to put the case in front of the court."
Daubney, one of the famous "Tight Five" who left Team New Zealand to form the core of the Alinghi syndicate based in Switzerland, claimed ill-feeling towards him after his decision to leave Team New Zealand in 2000 may have made him the victim of a drinks-spiking incident.
It was revealed in September that the high-profile sailor had failed a doping test during the last America's Cup, when Alinghi beat Team New Zealand to retain the Cup.
Daubney failed the test after his sample revealed the presence of two metabolites of cocaine (benzoilecgonine and ecgonine methyl ester) but not cocaine itself.
The jury was satisfied an anti-doping rule violation had occurred but believed Daubney was telling the truth when he stated he had not knowingly taken cocaine or any other banned substance.
In his evidence, Daubney stated he had been tested for drugs many times during his career. All tests had been negative.
He said a small, unruly element developed when he moved from Team New Zealand to Alinghi for the 2002-03 Cup, and he had been subjected to considerable harassment. He could not be contacted yesterday.
He earlier said that in the week before the drug test being conducted on June 23, race one of the Cup, he had visited one bar in Palma and two in Valencia where he had consumed drinks he had not bought, which could have been tampered with without his knowledge. He received a note in the mail a day after his drug test which said, "I heard you were tested, how do you think you will get on? Ha Ha." Daubney discarded the note, thinking it was a practical joke. He resigned from Alinghi until the matter was cleared up.
Papers are being served on Daubney, and he and the ISAF have 21 days to lodge a response or a defence.
The court has the power to overturn previous findings so Daubney could be suspended for two years. Any finding against him could be trimmed by up to one year if he can prove he bore no significant fault in the matter or he could be exonerated if he can prove no fault.
