Kiwi sprinter Monique Dell has had her Commonwealth Games appeal rejected.
The Sports Tribunal of New Zealand has this afternoon confirmed Dell's non-selection appeal has failed and she will take no part in Glasgow 2014.
Earlier this month Fairfax Media revealed how Dell's husband, Graeme Dell, who is the deputy chef de mission of England's Commonwealth Games team, was fronting the appeal and taking the New Zealand Olympic Committee to the Sports Tribunal.
Dell (nee Williams), New Zealand's most successful female sprinter, was conditionally nominated for selection by Athletics New Zealand for the women's 4x400m relay team.
However, she failed to meet the requirement of running a 54-second standard by a June 30 deadline, prompting the NZOC to select Kristie Baillie for the relay team instead.
Documents released by the Sports Tribunal today declare arguments that Dell had been prejudiced, that the performance standard was unreasonable and the process was biased, had all been rejected.
The tribunal ruled both Athletics NZ and the NZOC had acted appropriately in the process, and that Athletics NZ selection convener, Graham Seatter, "could not have been more transparent" in advising the terms of Dell's conditional selection.
"It was not until after Ms Dell ran a time of 58.68 seconds on 14 June that any question was raised about the imposition of the requirement," the tribunal report stated.
"In the tribunal's view Ms Baillie was correctly nominated and selected as first reserve, then by Ms Dell's non-selection, correctly selected as the sixth member of the relay team.
"Again in the Tribunal's view there was no bias in Ms Baillie's selection, indeed her initial selection as first reserve and the advice to Ms Dell in Mr Seatter's email of 4 June could not have been more transparent.
"For those reasons the Tribunal is satisfied that Ms Dell has not been prejudiced by the processes followed and decisions made by Athletics NZ and the NZOC which in fact allowed her an extension of time to prove her fitness and that Ms Dell's appeal against her non-selection accordingly does not succeed."
However, the Sports Tribunal's report did criticise the NZOC for incorrect interpretations of the nomination criteria, suggesting they could have prevented much of the situation from ever reaching the tribunal.
The tribunal declared the NZOC had been given a "lesson for the future''.
"[The] NZOC left it to Mr Seatter to communicate with Ms Dell. Much that was argued before the Tribunal would not have been in debate had NZOC provided that written advice. That is a lesson for the future," the report stated.
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