Paolo Barelli has lost two cases against the world governing body FINA ©LEN

Paolo Barelli's campaign to become the new President of the International Swimming Federation (FINA) has suffered an embarrassing setback after he lost a case against the world governing body at the Court of Arbitration for Sport (CAS). 

The 63-year-old Italian, a Roman Senator and former Olympic swimmer, had taken FINA to CAS over alleged interference in last year's elections for European Swimming League (LEN), where he beat Dutchman Erik van Heijningen by 50 votes to retain his position as President.

Barelli had alleged that FINA first vice-president Husain Al-Musallam had tried to get voters to back van Heijningen.

He also claimed that FINA vice-president Dale Neuburger, a director of Lausanne-based TSE Consulting, who work for the governing body, should not have been involved in van Heijningen's campaign as it was a conflict of interest. 

Barelli was represented at the hearing in Lausanne by Andrew McGregor from British-based solicitors Brabners and FINA by legal advisor Jean-Pierre Morand from Carrard & Associés.

The three-member CAS panel who heard the case, led by Romano Subiotto, a Queen's Counsel and partner at Clearly Gottlieb, dismissed both of Barelli's cases against FINA and ordered him to pay CAS' costs.

He was also ordered to pay CHF5,000 (£4,000/$5,250/€4,500) to FINA as a contribution towards their legal fees. 

The decision is expected to be announced publicly in the next few days. 

Paolo Barelli had complained to CAS about the involvement of FINA vice-president Dale Neuburger in the election for President of the European Swimming League, which he claimed was a conflict of interest ©YouTube
Paolo Barelli had complained to CAS about the involvement of FINA vice-president Dale Neuburger in the election for President of the European Swimming League, which he claimed was a conflict of interest ©YouTube

Barelli is standing against current President Julio Maglione at the FINA election due to take place during its Congress in Budapest on July 22.

He has claimed he has been driven by passion to challenge Maglione and that the Uruguayan appears "unable or unwilling" to tackle problems within the governing body.

In the manifesto he has just published, Barelli promises that FINA will seek a partnership with an external independent body under the authority of the World Anti-Doping Agency and the International Olympic Committee (IOC) that will be responsible for the management of doping control and punishing offenders.

Another key element is the introduction of "drastic measures to the FINA Code of Ethics to ensure that any type of conflict of interest within FINA is avoided and this shall be carried out to ensure that transparency is guaranteed at all times".

Other promises in Barelli's manifesto include extra annual support for all Federations from a pool of $5 million (£4 million/€4.5 million), more funding for developing clinics and training camps in developing countries and setting up a panel of experts to investigate how to make FINA events more attractive. 

In May, Barelli suggested in a letter distributed among European Federations that Africa and Asia were attempting to gain control "not only of political power...but even more importantly, over the economic one also".

African Swimming Federation Sam Ramsamy, a leading member of the IOC, and several other African representatives complained to Barelli and asked him to clarify and withdraw his comments.

FINA recently increased the number of Asian and African representatives on their ruling Bureau.

They also decided to abolish the position of honorary secretary, currently held by Barelli and traditionally a post for a European, and propose Ramsamy for the new spot of FINA second vice-president.

Barelli refused to apologise and accused Ramsamy of manipulating the contents of the letter. 

Julio Maglione, left, has already received the public backing of the United States and is the clear favourite to win a third term as President of FINA at the election in Budapest on July 22 ©Getty Images
Julio Maglione, left, has already received the public backing of the United States and is the clear favourite to win a third term as President of FINA at the election in Budapest on July 22 ©Getty Images

The 81-year-old Maglione  remains the clear favourite to be re-elected for a third term as FINA President.

United States Aquatic Sports (USAS), the umbrella organisation for USA Swimming, USA Diving, USA Synchro, USA Water Polo, and US Masters Swimming, are among those to have already publicly supported Maglione.

USAS President Steve McFarland promised his support for Maglione in a letter written to Felix Calderon, head of the Central American and Caribbean Amateur Swimming Confederation.

"We are all solidly in support of Julio Maglione's candidacy," McFarland wrote in the letter published by SwimSwam.

"This has been a constant position for us as we initially stood beside Mr. Maglione in 2008 and again in 2013."

McFarland added: "Julio Maglione continues to head FINA Aquatics to new heights.

"His advocacy for all the Aquatic Sports with the IOC is critical for all of our interests and we are hopeful for his success."

A spokesman for FINA said: "FINA has taken note of CAS's decision to dismiss the claims of Mr. Paolo Barelli. 

"As with any important legal matter, FINA will study the decision carefully before any further comment or action."

Read the full CAS judgement by clicking here.