The five can compete, says athletes' attorney

Published: Thursday | August 13, 2009


Anthony Foster, Gleaner Writer

The five Jamaican athletes who were recently cleared from doping violations can still take their place at the World Championships on Saturday.

In an interview published in yesterday's Gleaner, Dr Paul Wright, a physician and sports analyst, said Sheri-Ann Brooks, Yohan Blake, Marvin Anderson, Allodin Fothergill and Lansford Spence, said 'there is no way any of these athletes can run in Berlin".

"Based on the rules of WADA (World Anti Doping Agency), until the case is over and decided they cannot run ... they are provisionally suspended until a ruling has been made and this ruling is appealed by JADCO (Jamaica Anti-Doping Commission)."

Dr Wright continued: "If you run them on a relay team and after the thing is over WADA or the IAAF has found that what we did in Jamaica was foolishness, every member of that team will face sanctions."

However, in a letter to The Gleaner yesterday, attorney-at-law Lloyd Barnett, one of the lawyers representing the athletes, stated otherwise.

Barnett pointed to Article 13.1 of the WADA Code which states that decisions made under rules adopted pursuant to the code remain in force despite an appeal, unless the appellate body orders otherwise.

Similarly, section 21 (2) of the Jamaican Anti-Doping in Sport Act 2008 states:

"Every decision of the disciplinary panel in respect of an anti-doping rules violation shall remain in effect during the appeals process, unless the Appeal Tribunal otherwise orders."

Incorrect

Dr Barnett pointed out that: "It is, therefore, incorrect to say that at this time the athletes concerned are provisionally suspended.

"Second, the disciplinary panel has heard and relied on evidence, including the expert evidence of distinguished scientists and, therefore, the categorisation of their decision as 'foolishness', even if it were to be set aside on appeal, is in bad taste and disrespectful."

Barnett did, however, make it clear that Dr Wright was right to point out the dangers of the athletes taking part in the team events.

Meanwhile, retired judge of the Court of Appeal, Justice Ransford Langrin, will head Jamaica's Anti-Doping Appeals Tribunal to review JADCO's appeal.

Justice Wesley James, a retired judge of the Supreme Court, will be the vice-chairman. Dr Mark Minott; Lisa Palmer, deputy public prosecutor in the Office of the Director of Public Prosecutions; Yvonne Kong, sports administrator and retired principal of G.C. Foster College and Ali McNab, are the other members of the appeals tribunal. They have been appointed to a three-year term.

The tribunal will deal with the appeal of the Jamaica Anti-Doping Commission against the Jamaica Anti-Doping Disciplinary Panel to free five Jamaican athletes of doping-related charges.