The case involves British triathlete Harry Wiltshire appealing a disciplinary sanction imposed by the International Triathlon Union (ITU) following an incident during the 2011 European Triathlon Championships in Pontevedra. The ITU's Executive Board (EB) sanctioned Wiltshire for repeated unsportsmanlike conduct after he was disqualified during the race for intentionally blocking and interfering with Spanish athlete Javier Gomez. The Court of Arbitration for Sport (CAS) upheld the ITU's decision, ruling that the EB had the authority to independently assess the incident and impose sanctions, regardless of the race referee's initial decision.
The incident occurred during the swimming segment, where Wiltshire was accused of hitting Gomez with his arm, forcing him underwater, and blocking his progress multiple times. The race referee disqualified Wiltshire based on reports from Swim Technical Officials and video footage. The EB later reviewed the incident, formed an ad-hoc panel, and concluded that Wiltshire's behavior warranted a suspension. The CAS panel affirmed the EB's authority to qualify the conduct as unsportsmanlike, provided it was intentional or grossly negligent.
Wiltshire appealed the six-month suspension, arguing that his actions were not unsportsmanlike and that the sanction was excessive. He also raised procedural concerns, including incomplete evidence disclosure. The ITU countered that Wiltshire had engaged in repeated unsportsmanlike behavior, citing four specific incidents, including blocking Gomez during the race and pushing him in the transition area. The CAS panel examined video footage and witness testimonies, finding credible evidence that Wiltshire intentionally hindered Gomez on multiple occasions.
The panel dismissed Wiltshire's claims that the contact was accidental, noting that his actions were deliberate and violated ITU Competition Rules. It also rejected arguments that the suspension was disproportionate, emphasizing that the six-month penalty fell within the permissible range of three months to four years. The panel further ruled that procedural issues in the initial proceedings were irrelevant, as CAS conducted a full review of the case.
Ultimately, the CAS panel upheld the ITU's decision, dismissing Wiltshire's appeal and confirming the suspension. The ruling reinforced the authority of sports federations to enforce conduct rules and highlighted the importance of maintaining sportsmanship in competitive events. The case underscored CAS's role in ensuring fair disciplinary processes while respecting the autonomy of governing bodies in disciplinary matters.