DWAIN CHAMBERS'S bid to compete at next month's Olympic Games in Beijing ended in failure on Friday.
At the High Court, Mr Justice Mackay refused to grant an injunction temporarily suspending a lifetime Olympic ban imposed on the self-confessed drugs cheat by the British Olympic Association under a bylaw.
However, Mr Justice Mackay told a packed courtroom: "Many people both inside and outside sport would see this bylaw as unlawful.
"In my judgment, it would take a much better case than the claimant has presented to persuade me to overturn the status quo at this stage and compel his selection for the Games."
During a hearing on Thursday, the judge had commented to Jonathan Crystal, representing Chambers: "The reality is that you are saying: 'Put him on the plane'."
Crystal had told the judge: "He represents our best chance of a podium finish in the 100 metres in Beijing."
Chambers, 30, served a two-year suspension for using the designer steroid tetrahydrogestrinone (THG) after testing positive in 2003.
Crystal said that the BOA bylaw was unfair, contrary to competition law and an unreasonable restraint on trade.
Chambers had already qualified to compete in the Olympic team after winning the 100 metres at the Olympic athletics trials in Birmingham last Saturday and setting his best time of the year of 10.00 seconds.
David Pannick QC, representing the BOA, told the judge that Chambers "cannot show that sportsmen and women are significantly restrained in their trade by the bylaw which only concerns eligibility for an amateur event, which takes place once every four years and for which there is no prize money."
He added: "If the court were to make an order requiring the claimant to be selected, that would deprive another athlete of his place in the team, even though the legality of the rule may be upheld at a full trial."
As a self-confessed drugs cheat, Chambers was not a good example for Britain's next sports generation and the court should not force the BOA to pick him, Mr Pannick argued.
BOA chairman Lord Colin Moynihan welcomed the ruling.
Speaking outside court, he said: "It's a matter of regret that Dwain Chambers, an athlete with such undoubted talent and a winner of the European Youth Olympic Festival 100metres as a young man, should by his own actions put himself out of the running to shine on the Olympic stage in Beijing.
"However, on behalf of the athletes, the BOA will continue to send a powerful and important message - that nobody found guilty of serious drugs cheating offences should have the honour of wearing the team GB vest at the Olympic Games."