Basically my prostheses allow me to run at the same speed as other athletes while expending far less energy, and it is for this reason that I am at my best towards the end of the 400-metre race and not at the beginning.
The experience was traumatic for me on many different fronts. To begin with, I was disappointed with the way the publication of the report was handled by the IAAF. Before I was officially informed, the report was leaked and published by Die Welt on 19 December. I learnt about the report's final conclusion and my consequent exclusion from international able-bodied competitions from the newspapers. It was a devastating blow. Initially I clung to the hope that it was an incorrectly reported journalistic scoop, but the truth was of course confirmed when the IAAF finally delivered my copy of the report to me a few days later. I was distraught at the conclusion of the report.
As the saying goes, it never rains but it pours. In December 2007 Vicky and I finally separated permanently.
After our initial break-up we had got back together in June 2007, but it was never plain sailing. I trained and travelled intensely and she was living in Cape Town. We tried to see one another on alternate weekends with one of us always flying to spend time with the other. In addition I did not approve of her new group of university friends, and this caused much friction between us. The difficulty of maintaining a long-distance relationship weighed heavily on us, and so in early December 2007 Vicky decided to move back to Pretoria. We spent the holidays with my siblings but then on New Year's Eve we had a terrible argument that proved fatal to the relationship.
We have not spoken to one another since, but I care about her and respect her deeply. I wish things were different because she is an incredible individual and I have always imagined sharing my life with her.
Chapter 10
The Finishing Line
THE YEAR 2008 got off to a rough start. My break-up with Vicky left me emotionally raw, and then the IAAF had given us only until 10 January to comment on the Brüggemann report.
Peet and I discussed the findings with experts from all over the world, but in particular with Professor Robert Gailey of Miami University. Everybody seemed to agree in principle with the statistical findings that had emerged from Professor Brüggemann's research but not with his interpretation and use of this data. In addition we thought it important not to be discouraged by, and therefore appeal against, a decision that took only the advantages of prosthetic limbs into account but considered none of the disadvantages. Professor Gailey did not contest the validity of Brüggemann's data but postulated that for it to be useful and truly reflective of my performance it was essential that each phase of the 400-metre race be analysed in the same manner. Any analysis that examined only to the final phase of the race was by definition limited and therefore incorrect when applied to the race as a whole. In addition he argued that it was vital to take both the positive and negative consequences of prosthetic limbs into consideration. It was one thing to study the advantages the Cheetahs provide over normal ankles/feet but one must also consider the differences in my physical development as a whole. Furthermore, the IAAF ban prohibited me from competing at any distance – 100 metres, 200 metres or 400 metres – whereas the Brüggemann report stated that my supposed technical advantage over other athletes could only be demonstrated in the last 200 metres of a 400-metre race.
Professor Gailey and my other supporters pressed me at the very least to request the IAAF to allow me a period of time in which I could attempt to bring my prosthetic limbs into line with their standards, as is typically the case during the approval process for able-bodied athletes' shoes.
Throughout this process Professor Brüggemann clearly stated that his brief was in no way concerned with the ethical, political or social implications of my competing but had only been to verify the scientific/technical advantages (and not even the disadvantages) afforded by my prosthetic limbs, and that in addition his research had always been specifically limited to the final phase of the race. The position of the IAAF was rather more ambiguous: Mr Locatelli, the Chief Technical Officer for the IAAF, is on record explaining that their reservations were also geared towards the future of the sport, and making sure that one day there were not people with wings competing on the track.
Professor Brüggemann's report indicates that the locomotion, the actual dynamic of movement while sprinting, while wearing this type of prosthetic limb, is completely different from that required from a normal human body while sprinting; the dynamic is entirely different. And, further, that from a purely technical point of view, in the context of high-speed sprinting, this specific type of prosthetic limb certainly carries an advantage at the ankle joint level; however, it is probable that the prostheses in question concurrently incur disadvantages for the hip and knee joints.
On 10 January 2008 we replied that in our opinion the tests performed in Cologne were both biased and limited in scope, and that therefore we rejected their conclusions.
On 11 January the President of the IAAF, Mr Lamine Diack, wrote to each member of the IAAF Executive Council reiterating that the tests had confirmed the thesis of a 'technical advantage'. The members then had to vote, with the result being to ratify the ban to prohibit the use of prosthetics such as mine. Unfortunately, this outcome meant that I was promptly and officially banned from participating in able-bodied athletic competitions.
The IAAF left no avenue open to dialogue, and we had no choice but to appeal against their decision before the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland, and ask the court to re-examine my case. It was a difficult time for me and I was feeling very low, but I decided to focus on maintaining a positive attitude and doing all I could to prepare myself for the second round of tests.
We needed to compile a team of influential and authoritative scientists who would be able to run the tests and also command respect internationally. Through a friend I was able to contact Professor Hugh Herr at the world-renowned Massachusetts Institute of Technology (MIT) and Professor Roger Kram from the University of Colorado; they were joined by Professor Peter Weyand from the Rice University in Houston.
Dewey & LeBoeuf, a well-known international law firm with an impressive reputation in the sporting world, had also contacted me. They felt so strongly about the merits of my case that of their own accord they offered their help. I was astounded at how quickly they managed to collate all the information necessary and relevant to my case.
The next step was to fix a time when all three scientists and their respective teams would be available to meet and work together. As I had agreed to be present at the awards ceremony organised for the Laureus Awards in St Petersburg in Russia on 18 February, we agreed that I would fly directly from Russia to Houston and begin ten days of intensive testing.
From my perspective, Houston was an entirely different experience. First of all, before each test the team took the time to explain to me exactly what was about to take place and to what purpose. It was rather like a crash course in bioengineering, and I learnt a lot from it. The scientist in charge of the testing had decided to begin by repeating exactly the same tests performed by Professor Brüggemann and his team, so that we would have something to compare against. In addition, they suggested I undergo VO2 tests (the testing which is considered the best indicator of cardio-respiratory endurance and a reliable predictor of athletic performance, demonstrating the measured maximum amount of oxygen consumption by the muscles at peak rate with the least effort) on a treadmill and not a bicycle, so that the conditions simulated would be closer to those of a foot race. It was soon clear that the Houston results would differ from those charted in Cologne.
This was a huge relief to me, as the IAAF had relied heavily on these specific test results to demonstrate my technical advantage. Over a period of ten days I participated in many different tests; at times I thought that I was repeating the same experiment endlessly, but in reality there were slight but significant variations both in the focus and in what was required of
me. My acceleration was studied in detail; my oxygen consumption was measured at different speeds at different points during the race, as was the conduct and handling of my individual prostheses. I learnt much over this period, and left Houston feeling resolved and confident that the process would prove that the tests in Cologne had been inconclusive. Too many variables had been excluded for the tests to be considered the basis for a groundbreaking decision which would change the face of international sport for ever and result in my being banned from able-bodied competitions. I felt that the process and the results of the testing in Houston would set the record straight on my account but, more importantly, would also be a step forward for the standards of athletic competition internationally.
I had not been back in South Africa long when I was asked to return to Houston to undergo further examination. I obliged and promptly flew back for another eight days of intensive testing. By the end of March we had reached the definitive conclusion that in no way could my prostheses be considered as giving me a technical advantage over other athletes. When one considers all the hard work and emotional turmoil, all the controversy and speculation, it was immensely gratifying finally to be able to repudiate my critics and show that my achievements were mine alone and dependent on my commitment, training and talent and not my prosthetic limbs.
Still, with the tests behind me, the battle was not yet won. We had to wait until 30 April, the day on which the Court of Arbitration in Sport had convened a hearing and to which all the concerned parties had been summoned.
I soldiered through this difficult time by keeping my mind focused on my training schedule and with a little help from my new home and a new and special presence in my life.
At the beginning of 2008, I had started going out with Jenna, a delightful, sweet-natured, beautiful girl with blonde hair and sparkling blue eyes. She was eighteen. We had been honest with one another from the outset and I had explained to her that I was still not entirely ready for another serious relationship. On some level I still missed Vicky terribly, and although our relationship was over I still had to come to terms with the hurt I felt. I was of the opinion that it was important not to rush into things, and I feel that we have a beautiful relationship because we took the time to get to know one another, and because our relationship developed from a strong and meaningful friendship.
My new home in Silverwoods, one of the nicest and greenest parts of Pretoria, has gone a long way towards helping me feel more stable and rooted in my life. After my mother's passing and my years in boarding school I found that I was yearning for a space of my own that I could make my home. In truth the house is much larger than I need, but I wanted it to be somewhere I would be able to grow into and where all of my family and friends would be welcome to spend time or just drop in. Everybody who knows me knows that no formal invitation is necessary. I had a carpenter make up a wonderful and very substantial wooden table which is my pride and joy, as I can think of nothing better than reuniting all the people I care about around a large table and some good food. I am still very close to my brother Carl and have told my sister Aimée that she is welcome to come and live with me. The house is open-plan and all on one floor with wide doors so everyone – the old, the young, as well as those among my friends who use wheelchairs – is at ease and feels comfortable moving about. It has a number of television screens so we can all hang out together and watch sport, along with a fantastic sound system and a great barbecue area so we can make the most of being together and celebrate life. I have not forgotten the harder times of my youth and feel so lucky today that I can share my good fortune with my loved ones.
One day I would love to buy a Ferrari or a Lamborghini. I adore sports cars, but that is for the future. A house is something you can share with all those you care about whereas a car is more about personal gratification.
When the time came to travel to Lausanne to the joint International Olympic Committee and the Court of Arbitration in Sport headquarters, I was a heady mixture of nervous anticipation and dread. Fortunately Peet was at my side throughout. The hearings took place over two days and, although I found the pace intense, I was absolutely gripped.
President Martin Hunter working alongside the judges David Rivkin and Jean-Philippe Rochat composed the judicial team. They set the tone by pointedly reminding all concerned that I had not been accused of any wrongdoing; their mandate was only to examine the issue objectively and study the data and conclusions of the two different tests to come to a well-considered and factually correct decision as to whether my prosthetic limbs could indeed be considered as a technical advantage of any sort. As the judges did not have the benefit of a court-appointed technical expert they asked all the experts present, German and American, to come together and take the time to explain to them the technical aspects of the question pending, along with the rationale behind and process followed for the different tests and, of course, the conclusions reached. It was rather unusual to see everybody come together and debate and dissect the matter intelligently and dispassionately, without the adversarial climate that is often created when you have two opposing teams and a person in the dock who has allegedly committed some misdemeanour.
I found the experience absolutely fascinating. I had not really understood until then the revolutionary nature of the testing programme. It really was the first time that a bilateral amputee athlete had been deemed capable of competing at such a high level, and so there was no data or parameters against which to compare the information gathered during my tests. In addition, as I had been tested twice, over two intense periods of time and close together, the tests provided more of a snapshot of my capability at that point in time than any definitive conclusion. The only other athlete who is also a bilateral amputee and competes at a similar level is an American university student who is in any case an Iron Man triathlon champion and specialises in long-distance swimming, cycling and running. Our sporting styles are hardly comparable.
The tone of the court hearings was not relentlessly serious. At one point the President found himself wondering out loud how one would analyse the movement of a kangaroo from a bioengineering perspective. No sooner was the thought out of his mouth than Professor Roger Kram from Houston jumped out of his seat excitedly explaining that he was in fact an expert on the movement of kangaroos and that he had even tested them by having them jump on a treadmill equivalent.
I also found the hearings psychologically very demanding. Not only was this my last chance, but my battle, which had started as a personal quest born out of personal frustration, had developed into a symbolic fight against discrimination. I felt that I had come to represent all people like me, both today and in the future, who play sport or anything else for that matter and who want to be treated as equals.
My lawyers share my point of view. In fact they initially contacted me and offered their services to me free of charge after being struck by the inherent contradiction in the IAAF's position on my case. The IAAF has an ethical code of conduct, which it adopted along with an international code of conduct concerning disabled people, and which enshrines and protects an established 'right to normalcy' for all. My lawyers (based between the USA, Switzerland, Italy and South Africa) had been following my case and immediately saw an opportunity to explore this problem and hopefully make a contribution that would be important in the development of civil rights more widely.
I was in Italy when the Court for Arbitration in Sport finally passed judgement. I think I have a special relationship and love for Italy because I have enjoyed two of my sweetest victories while there. The Golden Gala was a unique moment that marked my life, and then, of course, there was the day that I learnt the conclusion of the CAS. The fact that my Uncle Leo has shown that our family originates from Pistoia simply makes the attachment stronger for me.
I was in Milan on 16 May 2008, waiting in the offices of my legal firm. We had been informed that the court was expected to make a pronouncement that morning, so we gathered to share the tensio
n and give one another some moral support. I was unspeakably anxious, feeling nauseous from the nerves, dejected and exhausted. To kill time I decided to go shopping, but I was unable to concentrate and undecided about everything so we headed back to the hotel. We were standing in the hotel lobby chatting when I noticed Marco, one of the Italian lawyers, moving away from the group. I thought little of it at first but then I noticed him coming towards me attentively reading the page that he was carrying in his hand. As he came closer to me he seemed to be consumed by emotion but I was still not sure whether this was elation because the decision had found in our favour or dejection because he was going to have to explain to me that the decision had gone against me. Under normal circumstances Marco is a phlegmatic chap, and the care he was taking to read slowly was apparent to all.
Eventually Marco turned to me and explained that the court had ruled that on the basis of the data collected it was not possible to conclude that my prosthetic limbs (and the judgement refers to my actual prosthetic limbs as opposed to prostheses in general) gave me a technical advantage over the other athletes, because at no time was it conclusively proven that the advantages of competing with prosthetic limbs outweighed the immense disadvantages of competing with those same prosthetic limbs. The court ruled that the ban against me was null and void and I was free to compete again. It was a surreal moment for me and it took a while for the significance of the decision to sink in. It was everything that I had hoped for and yet the reality of it still swept me away. We were all jumping up and down, shouting in delight and hugging one another.
The press conference had been scheduled for three o'clock that afternoon, and as the CAS had been firm in requesting a press embargo until that time we had to be very careful to keep the news private. This was not as easy as it may seem: we arrived at the press conference half an hour early and it took all my self-control not to break into a broad smile and crack jokes with the full house of journalists. At three o'clock on the dot, Peet rose to his feet and said: 'The Court of Arbitration in Sport has decided as follows . . .' Then he broke into a wide smile. The applause was fantastic as the room exploded in cheers and the noise of cameras clicking and flashes snapping. It was a unique moment, overwhelming and unforgettable. I was ecstatic and very proud. Amazingly, by the time I turned on my cell phone after the conference I had 160 congratulatory messages and numerous missed calls.
Blade Runner Page 10
