By Dan Strumpf

January 25, 2002 An arbitrator on Thursday determined there was not enough evidence to support claims that U.S. short-track speed-skating star Apolo Ohno conspired to fix a race, clearing the way for the 19-year-old medal favorite to take the ice next month in Salt Lake City.

Speed-skater Tommy O'Hare had filed a complaint alleging that Ohno and another skater fixed a 1,000-meter race during the U.S. Olympic trials to secure a spot on the Olympic team for a friend. O'Hare announced his decision to withdraw the complaint following the three-day hearing in Colorado Springs, Colo.

The arbitrator's decision was made despite sworn statements from three other U.S speed-skaters saying they heard Ohno and speed-skater Rusty Smith conspiring to ensure their friend, Shani Davis, won the race.

Ohno is considered a gold-medal favorite at the Salt Lake City Games (see, "Pack Animal" Outside magazine, February 2002)

After finding discrepancies in the speeds-skaters statements, the arbitrator issued a statement saying he did not support any finding that the race was fixed.

The chief referee who officiated during the contested race also provided testimony supporting O'Hare's claim, saying he observed irregularities during the race. However, according to U.S. Speed-skating President Fred Benjamin, the official's actions came a few weeks to late.

"He could have restarted or rerun the race at the time," Benjamin said. "Once he failed to act the race was accepted on its merits and the decision was final."

Because the arbitrator dismissed the case "with prejudice" O'Hare will not be able to appeal.

O'Hare's attorney, John Collins, said that despite having to sit out the Games, his client was content with the decision.

Yuki Ohno, Apolo's father, said the last month has been tough for his son and his family but they were all looking forward to putting things behind them.

"It's time to get back to his real job of getting to the podium," he said.