Diane Modahl was yesterday given the go-ahead to sue the British Athletic Federation (BAF) for about £1 million after clearing her name of drugtaking allegations more than a year ago. The BAF had challenged the High Court's ruling from last year which stated that the 800 metres runner could proceed with her action on the grounds that the Lisbon laboratory where her drug test was carried out was not accredited by international athletics bodies and there had been bias at federation disciplinary hearings.
Yesterday, three Court of Appeal judges, headed by the Master of the Rolls, Lord Woolf, agreed that the accreditation issue could not go to trial, but she could proceed on the bias claim.
Afterwards, Modahl, 31, issued a statement through her solicitors saying that the allegations of bias were "very serious" and she had experienced "the most terrible public humiliation and disgrace" over the drugs allegations.
She said: "BAF has attempted to frustrate my claim for compensation at every step.
"In December 1994, they convicted me of being a drugs cheat, and then when I was cleared by their own appeal panel in July 1995, and finally cleared by the International Amateur Athletic Federation (IAAF) in 1996, they refused to pay me a penny in compensation."
She said it was now nearly three years since she was withdrawn from the Commonwealth Games on the day she was to defend her 800 metres title.
"I have had to battle every day since to prove my innocence and achieve justice. I have received neither an apology, nor any compensation whatsoever from either BAF or the IAAF.
"I and my family have paid a huge price for what happened and for the false accusations made against me. Now for the first time, BAF will be called to account in open court for the way the hearing in December 1994 was conducted. It's clearly unjust to lose so much in establishing your innocence and not recover a penny from those who accused you in the first place."
The athlete is suing to recover the £480,000 she spent on legal and medical costs in challenging the drugs ban imposed by the BAF after tests carried out in Lisbon in 1994 allegedly showed a high level of testosterone in her body.
Doubts were eventually cast on the accuracy of the tests and the ban was lifted by an appeal tribunal.
Modahl also wants a similar figure in punitive damages over the way her case was handled by the BAF.
The BAF said they intended to continue to fight the court battle.
A statement said: "BAF is pleased that six of her seven points have now been withdrawn or struck out, but is disappointed that it will now have to defend in the High Court her remaining allegation of bias. This will be strenuously resisted.
"BAF has noted that when in July 1995 its own Independent Appeal Panel, following a full re-hearing, acquitted Diane Modahl, it affirmed the unanimous decision of the original Disciplinary Committee of December 1994. The only reason it differed in its conclusion was because of new evidence produced a few days before the Independent Appeal Panel hearing.
"BAF has at all times followed fully, fairly and scrupulously the IAAF and its own rules and procedures in this matter. As the governing body for athletics in the United Kingdom, this was and remains its obligation."
