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CAS Finds “Anti-Bribery, Anti-Corruption” Violations in 2024 World Triathlon Election Run-Up

The Court for Arbitration for Sport (CAS) has ruled that a member World Triathlon’s Executive Board committed anti-bribery and anti-corruption infractions in the lead up to last year’s vote to install current President Antonio Arimany.

Liber Garcia, who serves as President of the Uruguayan Triathlon Federation and Americas Triathlon, was found to have breached World Triathlon’s Anti-Bribery and Anti-Corruption Policy, Code of Ethics, and Code of Conduct for his actions during the 2024 World Triathlon election.

However, CAS also ruled that the infraction was so minor as to reduce Garcia’s sanction from a year suspension from his role with World Triathlon to a warning.

How’d We Get Here?

The case stems from the 2024 World Triathlon election cycle, which involved the election of a new President, Vice Presidents, and Executive Board members.

One of the candidates, then-President of the Australian Triathlon Federation and Oceania Triathlon, Michelle Cooper, contacted Garcia about the forthcoming election via WhatsApp in September 2024. During the course of the conversation, Garcia insinuated that “we have a strong agreement between Africa, Asia, and America” and “the president that we support will be elected.”

Garcia went further, asking Cooper to step down as a candidate for President: “It’s for you to step down as president and we’ll support you to stay on the board.” A day later, Garcia was emphatic: “In Vichy, you would have to announce that you are withdrawing and…support our candidate who is from Europe!”

Cooper filed a complaint with World Triathlon, alleging the breach of rules by Garcia. World Triathlon decided that the case, at the time, was insufficient to halt elections. Arimany was elected with 90 votes. Ian Howard of British Triathlon finished second, with 29 votes. Cooper, who did not receive votes for President, was also not elected to a Vice President, nor re-elected to her Executive Board role.

In March of this year, World Triathlon’s Tribunal issued a decision, confirming that Garcia had violated the respective code of conduct and ethics policies, and issued a suspension. Garcia appealed that decision to CAS, asking for a review of both the underlying case as well as the penalty.

The CAS arbitration panel upheld the Tribunal conclusion that Garcia had violated the policies, which read, in part: “For a Corruption Offense to be committed, it is sufficient that an offer or solicitation was made, regardless of whether any money, benefit, or consideration was actually paid or received.” CAS concluded that Garcia’s WhatsApp messages, where he offered Cooper re-election support on the Board in exchange for her dropping out of the proceeding, violated this rule.

However, the CAS panel also found the sanction levied by World Triathlon to be “excessive.” In the ruling, the panel was persuaded that Garcia “did not use any particularly aggressive tone in the messages he sent,” that there was no financial benefit extended to Cooper to drop out, and that the violation had only occurred once. It therefore overturned Garcia’s suspension, reducing his penalty to a warning.

The panel did not come to any other conclusions regarding the elections themselves. Arimany will hold the presidency until the 2028 election.

Tags:

CASCourt for Arbitration for SportWorld Triathlon

Notable Replies

  1. Of all the corruption and horse trading that I assume happens behind the scenes this one feels like a big nothing burger.

    Why can’t delegates/members/whatever talk to each other about who they support and then communicate that support to others?

    I understand very well the need for open meetings and for decisions about policy and action taken to be on the record. But surely it’s ok for 10 voters to talk to each other about which candidate they will support off the record as long as they make their decisions on the record?

    Telling someone you’ll support them as a board member but not as president in a private message is not a sign of coercion or corruption but communicating your view point to them.

  2. The problem is that Garcia basically said “we will give you our support to remain on the Board only if you drop out of the presidential race

    Which, after she reported it, essentially cost her the seat on the Board.

    In some respects, this is just normal OGB sausage making. But given that WT is often held as a white knight in the sport versus, say, IM…well…things get a bit murkier.

  3. Ya, I saw the headlines and wanted to feel self righteously indignant at the crony statists in their cushy roles, but this isnt the sausage making corruption anyone expects to see.

    I find it hard to be upset at people for talking about who they’ll support and not support and suggestions, encouragement etc to take on different roles.

    Step down and you’ll get a free vacation and a new car and we’ll vote to keep you on the board? That is corruption.

    This? Meh. And I’m the guy who wants to throw the book at all the federations.

  4. Avatar for kajet kajet says:

    It is hilarious that Michelle Cooper “told the teacher” about the offer she got. Did she become head of Triathlon Australia with no behind the scenes bargaining at all?

    Maybe the offer was just an insulting lowball for someone who had made Triathlon Australia such a well-organized success… oh wait

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