Brooks

Jamaica's sprinter Sheri-Ann Brooks had her no-sanction decision by the Jamaica Anti-Doping Disciplinary Panel upheld yesterday by the Jamaica Anti-Doping Appeals Tribunal.

The appeals tribunal, headed by Chairman Justice Ransford Langrin - a retired judge of the Court of Appeal - which includes Honourable Justice Wesley James, a retired judge of the Supreme Court; Dr Mark Minott; Lisa Palmer, a deputy public prosecutor in the Office of the Director of Public Prosecutions; and Ali McNab, sided with the Ken Gammon disciplinary panel at yesterday's tribunal hearing held at the Institute of Jamaica, East Street, downtown Kingston.

Gammon, in a release last month, said based on an irregularity with Brooks' B sample, his panel "was unable to impose any sanctions".

Brooks' lawyers argued that Jamaica Anti-Doping Commission (JADCO) breached guidelines when they ordered their client's B sample to be tested without her knowledge.

The disciplinary panel agreed with Brooks' defense and, in a statement, said based on the irregularity identified:

1. Neither the athlete, Ms Brooks, nor her representative was given the opportunity, by a misunderstanding on JADCO's part, to be present at the testing of the B sample.

2. The seal was broken on MsBrooks' B sample in order to carry out the testing and the conditions prior to the seal being broken on her B sample are effectively and permanently lost.

"Based on that irregularity, the JAD Disciplinary Panel was not in a position to determine beyond a comfortable doubt that the positive finding of Ms Brooks' B sample confirmed the positive finding of Ms Brooks' A sample," the release pointed out.

However, two points argued in JADCO's appeal was that Bert Cameron, a Jamaica Amateur Athletics Association coach, was also a part of the disciplinary panel and such a person shall disclose to the chair any circumstances likely to affect impartiality with respect to any of the parties; and the JAD Disciplinary Panel erred by disposing of the disciplinary hearing for Sheri-Ann Brooks without hearing and determining all issues arising from a report that an Adverse Analytical Finding (AAF) was detected on the A sample of her urine.

Dismiss appeal

The tribunal, in handing down its decision, said: "The appellant, having failed on all the grounds, we have no other recourse but to dismiss this appeal.

"It only remains for us to thank Dr (Lloyd) Barnett and the other members of his team for the invaluable assistance which they have given to the appeals tribunal. The unfortunate withdrawal of the appellant leaves us no opportunity for thanking them."

Brooks, along with Yohan Blake, Allodin Fothergill, Marvin Anderson and Lansford Spence, had returned AAF from tests done at the National Championships, which ran from June 26-28.

Decision

Lincoln Eatmon, one of the attorneys representing the athletes, said: "Legally, she has been cleared, so it will now be up to WADA and the IAAF."

Chairman of JADCO, Professor Erroll Morrison, who appealed the disciplinary panel's decision to free Brooks, was not at the hearing.

When contacted yesterday, he said he is yet to hear or see anything official, suggesting it would be premature to comment.

After the judgement, which took less than an hour, Langrin said they would adjourn and pick up the other cases at a later date.

Langrin asked the lawyers on both sides, for JADCO and the athletes, to look beyond September 10.

Yohan Blake and Lansford Spence attended yesterday's hearing.