<
>

Runner won't appeal German court ruling

TUCSON, Ariz. -- Middle distance runner Bernard Lagat is
giving up his legal claims for lost income against track and
field's international governing body.

In a statement from his home in Arizona on Thursday, the
Kenyan-born Olympic silver medalist who now runs for the United
States, said that although he believed he had a case he would not
appeal a German court's ruling against him.

"I have been involved in trying to get justice for more than
three years since I was proven innocent of having taken a
performance-enhancing drug and this has taken a lot of emotional
energy," Lagat said.

"It has become apparent to me that German courts are
conservative institutions and not well-disposed to supporting the
rights of an individual, regardless of the merits of the case,
against powerful organizations that are much-better financed."

Lagat was seeking $630,000 from the International Association of
Athletics Federations and the World Anti-Doping Agency for lost
income during the three months he was suspended following a
positive test for the endurance enhancer EPO. The suspension was
overturned when a second, or "B" sample, was negative.

The Cologne Regional Court rejected Lagat's claims, saying he
could not prove the amount of income lost. The suspension caused
Lagat to miss the 2003 world championships and other major meets.

Lagat said he pursued his case, not for the money, but to show
what he felt were flaws in the system for detecting EPO. Earlier
this year, five-time Olympic medalist Marion Jones had a positive A
sample for EPO, but she too was absolved when the B sample was
negative.

"The debate I helped generate about these issues, and which I
will continue to contribute to, has led to a much closer
examination of the fairness of the overall drug testing system,"
Lagat said in his statement. "I believe that those historic flaws
have now been confirmed in recent comments by officials of both
WADA and IAAF and I now feel vindicated by events outside of this
legal action."

Lagat will be eligible to compete for the United States at next
year's world championships in Japan.

"I remain disappointed that the IAAF is still not humble enough
to issue a proper apology for their treatment of me in 2003,"
Lagat said, "but I am now looking forward to challenging for a
gold medal at the 2007 world championships, an opportunity that was
denied to me three years ago."