By Dr. Thilo Pachmann & Alexander Theiler, Pachmann Attorneys, Zurich, Switzerland
The District Court of Lausanne, Switzerland, has upheld the decision to remove Welshman Terry Smith from his position in the AIBA Executive Committee.
Smith is one of the leaders in the Interim Management Committee (IMC) arguing that the IMC is legally and statutorily entitled to run AIBA for an interim period until an extraordinary congress takes place later this year. As a result of this Court decision, Smith is no longer considered to be an AIBA Executive Committee Member with immediate effect.
According to an official AIBA statement, this decision is in accordance with the AIBA Statutes and Bylaws. Smith contested the original decision to remove him from his position. However, his legal challenge has been found groundless by the Court and, in contrast, AIBA’s arguments and conclusions have been confirmed.
Smith was also amongst 13 out of the 15 AIBA Executive Members who opposed President Ching-Kuo Wu at a meeting held in July in Moscow, following which the IMC was set up in a bid to remove President Wu.
He is blamed by the IMC for financial mismanagement and for using the organisation’s funds to pay his personal legal bills. Earlier this year, in July, Smith expressed in a letter to President Wu his great concerns for the future of AIBA, because of serious deficiencies or irregularities in finance and governance of the association.
This current ruling came whilst the AIBA Boxing World Championships were under way in Hamburg, Germany, and its finals were taking place last weekend.
In the run-up to this event, President Wu denied claims that some members of the IMC had not been given accreditation and insisted that all members of the IMC were free to attend the World Championship fights. The IMC, for their part, announced that they would meet national federations during the World Championships to explain the details of WU’s mismanagement.
Furthermore, they claimed that already 81 Federations, including influential nations, such as China, Russia and the US, have expressed their support for the impeachment of President WU in the upcoming extraordinary general congress to be held in October or November this year. As a short reminder: in the last congress, only 126 Federations participated.
The Lausanne District Court ruling on who is in charge of the organisation for the interim period until the extraordinary congress deciding on Wu’s fate is held is still outstanding and is expected to be rendered by mid-September.
Dr. Thilo Pachmann & Alexander Theiler may be contacted by e-mail at ‘email@example.com’ and ‘firstname.lastname@example.org’ respectively