Cuban kayaker's case overturned -- he'll compete for U.S.
By Linda Robertson
Herald Sports Columnist
SYDNEY, Australia -- Angel Perez never gave up hope.
Despite the pleas of his wife to abandon the Olympics and come
home, the
kayaker marched in the opening ceremony. Despite rejections of
his appeals for
eligibility, he continued to practice with his teammates.
Today, Perez's perseverance paid off when arbitrators reversed
an earlier decision
and granted him permission to compete in a U.S. uniform. Unless
another
unexpected twist emerges in his path to the starting line, Perez
will be in the K-4
boat when kayak racing begins Sept. 26.
``I have been waiting so long for this,'' Perez said. ``I wanted
to be able to give
back to the country that has given me everything. I will do my
best to bring a
medal back to the USA.''
An Australian barrister and a Cuban-American lawyer from Miami
played key
roles in winning Perez's case. The application for political
asylum Perez filed two
days after his arrival in the U.S. was a key piece of evidence.
``It would have been a supreme injustice if Angel hadn't been
able to represent his
country,'' said U.S. Olympic Committee CEO Norm Blake.
Perez's wife, Maria, said she is re-making the plane reservations
for herself and
their 3-year-old son Andres that she had canceled months ago.
``Angel called me at 4:30 a.m. and screamed, `We won!' '' she
said, adding that
he had packed his suitcase before going to the hearing. ``I jumped
out of bed and
started screaming. I think I woke up half of Miami.''
Perez, 29, a 1992 Olympian for Cuba who defected to Miami in 1993,
was locked
out the Olympics by Olympic Charter Rule 46, which requires an
athlete to wait
three years after switching nationalities before he can compete
for his new
country. Perez did not become a U.S. citizen until 1999.
The rule, which is intended to prevent country-hopping by Olympians,
could have
been waived if Cuba had agreed to let Perez paddle for the U.S.
But the Cuban
government labeled Perez a traitor and refused to let him and
athletes from Spain,
Mexico and Canada compete for their adopted countries. Cuba's
sports teams
have been depleted by defections in recent years, and the president
of Cuba's
Olympic Committee said he could not set a precedent that would
only encourage
more defections.
Cuba rebuffed repeated entreaties by U.S. Olympic Committee leaders
to release
Perez. The International Olympic Committee gave no relief, either,
saying that
bending the rule for Perez would only create a flood of petitions
from athletes all
over the world. In a last-minute appeal to the Court of Arbitration
for Sport (CAS)
last week, Perez was again denied.
But U.S. Olympic Committee general counsel Mark Muedeking had
one last legal
maneuver up his sleeve. Instead of listing the USOC as the claimant,
an appeal to
the CAS was filed with Perez as the claimant. His case was prepared
by Sydney
solicitor Paul Gavazzi and presented by Sydney barrister Mark
Williams.
``We tried to stay away so it wouldn't look like we were trying
to take two bites
from the same apple,'' Muedeking said.
Perez testified for about 10 minutes.
``They finally agreed with our argument that he acquired his new
nationality as
early as his asylum application in 1993,'' Muedeking said.
Perez's argument was buttressed by a letter from Avelino Gonzalez,
a lawyer
from Miami's Holland & Knight firm who was formerly a professor
at the University
of Havana law school. Gonzalez said Perez lost his Cuban nationality
and
became stateless when he defected because he could not return
to Cuba without
the threat of imprisonment.
Perez pointed out that he missed the 1996 Games because he did
not have a
U.S. passport.
``He's been on the bench for eight years,'' Muedeking said. ``It's
not fair that he
would have to sit out another four years.''
Williams also submitted a letter from Edward Gnehm, the U.S. ambassador
to
Australia, who said Perez should be treated as a U.S. national.
The same three arbitrators who ruled against Perez -- Robert Ellicott
of Australia,
Jan Paulsson of France and Dirk-Reiner Martens of Germany --
ruled in his favor.
They will issue their written ruling Tuesday.
``I can't reach into their minds and figure out why they changed
them,'' Muedeking
said. ``We made a better case. Keep knocking on the door and
somebody will
answer. I'm calling it the `Miracle on 34th Street.'''
Perez had called his wife during the lunch break of the hearing
and sounded
pessimistic.
After the hearing, before the arbitrators issued their ruling,
he went back to the
team's lodging and his teammates brought him dinner.
``But instead of waiting around, he immediately went out to train,''
Maria said.
``That proves he still had hope. No matter what happens from
now on, justice was
served.''