In October 2020, the Athletics Integrity Unit (AIU) disciplinary tribunal ruled that Naser had not committed an anti-doping rule violation in relation to an alleged filing failure and three missed tests between March 12 and April 12, 2019.
WADA and World Athletics subsequently filed appeals requesting that the tribunal’s decision be set aside and that it be replaced with a new decision in which the 2019 400m world champion is found to have committed an ADRV and sanctioned with a two-year period of ineligibility.
The parties were awaiting dates when CAS would hear the matter. Dr Emir Crowne, who along with Matthew Gayle and Kristie Irving of New City Chambers, confirmed to Sportsmax.TV those dates have now been set for the hearing that will be held virtually.
"While my preference would be for an open hearing, certain sensitive information about Ms Naser will be revealed and we have decided to not press for an open hearing. As the proceedings are closed, that's all I can reveal,” Dr Crowne said while confirming said dates.
Salwa Eid Naser, 22, won the world title in Doha in 48.14, the third-fastest time in history defeating heavy favourite Shaunae Miller-Uibo of the Bahamas, who clocked a personal best 48.37 to claim the silver medal.
Jamaica’s Shericka Jackson was third in a personal best 49.47s
It subsequently came to light that Naser was competing in Doha, having missed three doping tests earlier that year and was not provisionally suspended. She also missed another test in January 2020.
If CAS overturns the initial ruling, the Bahrani athlete would miss this summer’s Olympic Games in Tokyo, Japan.
The decision came after the tribunal dismissed a missed test after the tester knocked on a storage unit door rather than her apartment.
Naser was provisionally suspended by the Athletics Integrity Unit on June 5, for missing three drug tests prior to her participation in the 2019 World Athletics Championships in Doha Qatar where she won gold in the 400m in 48.14s the third fastest time in history.
The athlete was pleased about the outcome.
"Ms. Naser is, of course, extremely happy with the outcome. As one can imagine, this has been quite the ordeal for her and she can now put this behind her and focus on her training," said her representative Dr Emir Crowne.
The GCF Federation Court will be responsible for determining disputes that may arise during the Games such as disciplinary, anti-doping, eligibility, safeguarding and selection disputes.
If a case arises, Sport Resolutions will appoint a three-person panel to determine the case. The Federation Court is comprised of members of Sport Resolutions’ highly regarded International Panel from fourteen Commonwealth countries (Australia, Canada, England, Fiji, Guyana, India, Kenya, Malta, New Zealand, Nigeria, Northern Ireland, Saint Lucia, Scotland, and Trinidad and Tobago), who will provide a wide range of relevant skill-set and experience.
Dr Crowne’s advocacy in representing Caribbean athletes in contravention of the World Anti-Doping Association (WADA) code and other sports-related disputes has earned him a sterling reputation. The New City Chambers attorney will bring that experience to the GCF Federation Court.
“As a member of Sport Resolutions' International Panel of Arbitrators and Mediators, it was a genuine privilege to have been invited to sit on the Federation Court for the upcoming Commonwealth Games. I look forward to helping resolve disputes as they may arise," Dr Crowne told Sportsmax.TV on Wednesday.
The SR-administered Federation Court will be operating primarily remotely, and be active from July 20, 2022, to August 10, 2022.
Sport Resolutions’ Pro Bono Service will also be providing specialist sports law support to the Birmingham Law Society which is offering a free legal advice service to Commonwealth Games participants who need legal advice during the Games.
The 23-year-old Olympic 400m finalist has been charged by the Athletics Integrity Unit with violating Article 2.3 of the World Anti-Doping Agency Code, which states: "Evading, Refusing or Failing to Submit to Sample Collection. The Evading Sample collection, or without compelling justification, refusing or failing to submit to sample collection after notification as authorized in applicable anti-doping rules.”
Taylor now faces a possible maximum penalty of a four-year ban from the sport.
According to reports, in November 2022, doping control officers (DCO’s) turned up at Taylor’s residence in Kingston to find that he was not there. When they called him, he informed them he was at the Norman Manley International Airport awaiting a flight to the United States that had been booked on his behalf.
The DCO’s turned up at the airport but Taylor was unable to produce a urine sample before his flight’s scheduled departure. He took the flight and as a consequence was deemed to have evaded the test.
However, according to Dr Crowne, the Canada-based Trinidadian attorney, the case against Taylor should not have been classified as such in the first place.
“Based on what’s in the public domain, I think, with all due respect, this is an over-reach by the anti-doping authorities. It’s a clear over-reach, quite frankly. The type of conduct envisioned by evasion and refusal and so on, is not the type of conduct at play here,” Dr Crowne opined.
“Here you have someone, who through failures of whereabouts information was boarding a plane. It’s not like he had power over the flight, power to stop the flight. Quite frankly, this should have been a whereabouts violation. This should not be an evasion or refusal allegation.”
Dr Crowne contends that the anti-doping authorities have to take some responsibility when athletes’ careers and reputations are in their hands.
“Here you have a young, black male Jamaican athlete and his career is on the line for what I genuinely believe is an over-reach by the anti-doping authorities. This is a whereabouts failure, at best,” he said.
“It’s not a refusal or evasion to board a scheduled flight that you had booked, That’s easily verifiable.
“I honestly hope that he gets the best outcome because the authorities have over-reached in this matter.”
Dr Crowne has successfully represented several Caribbean athletes in anti-doping matters over the past few years including Jamaica’s Briana Williams as well as quarter-miler Ryker Hylton.
He also represented 2019 World 400m champion Salwa Eid Naser in her whereabouts violation case in 2020.
As a result of the application, the Jamaica Athletics Administrative Association (JAAA) has once again been given a deadline to respond.
In accordance with Article 15 lit b. of the CAS Ad Hoc rules, the JAAA, as the Respondent, has until Friday, July 19, at 6:00pm Paris time (11:00am Jamaica time) to file a reply to Clunis’ application.
World Athletics, Jamaica Olympic Association (JOA) and the International Olympic Committee were also listed as “Interested Parties” in the issue.
“Within the same timeline, the interested Parties are entitled to file a written submission if they wish to do so. Upon receipt of the written submissions of the Respondent and interested Parties, the panel will decide shortly after whether to hold a hearing,” the CAS Ad Hoc rules stated.
It is unclear what the outcome would be if the JAAA or the Interested Parties fail to respond.
Prior to filing the application, Clunis’ representatives, Sayeed Bernard and Emir Crowne, wrote to the JAAA and the JOA on Wednesday seeking an update about Clunis’ Olympic team status by 5:00pm, but their deadline was not met.
The issue stems from the fact that Clunis, who achieved a National Record of 71.83 metres in May, to be ranked in the top 32 in the world this year, was initially named to the JAAA’s athletics team for the Paris Olympics.
However, the 28-year-old’s dream of competing on the world’s biggest stage is now hanging in the balance due to a blunder from the JAAA, as her name was later omitted from the JAAA’s official list submitted to World Athletics.
“Following the Jamaican Olympic Trials, I was elated to receive notification of my official selection to Team Jamaica. Unfortunately, I have since found myself in a difficult position. Due to an omission made by the Jamaican Athletics Administration Association, my name was not officially submitted to World Athletics. As such, I do not have a position in the Olympic Games,” Clunis shared in a post on X, formerly Twitter.
CAS’s Ad Hoc Division deals with the arbitration of disputes that arise regarding major sporting events and usually decides within 48 hours.
Despite achieving a National Record of 71.83 metres in May, ranking her in the top 32 in the world this year, Clunis's dream of competing on the world’s biggest stage is now hanging in the balance due to a blunder from the Jamaica Athletics Administrative Association (JAAA).
The 28-year-old, who placed second at the JAAA National Senior Championships, initially believed she was on her way to the Olympics. However, her excitement turned to dismay when she learned that her name was omitted from the JAAA’s official list submitted to World Athletics.
“Following the Jamaican Olympic Trials, I was elated to receive notification of my official selection to Team Jamaica. Unfortunately, I have since found myself in a difficult position. Due to an omission made by the Jamaican Athletics Administration Association, my name was not officially submitted to World Athletics. As such, I do not have a position in the Olympic Games,” Clunis shared in a post on X, formerly Twitter.
However, after no word forthcoming from the JAAA, attorneys representing the frustrated athlete - Dr. Emir Crowne and local attorney Sayeed Bernard – have written to the JAAA informing of their intended action.
"Mr. Bernard and I act for Ms. Nayoka Clunis, an athlete who should be well-known to you by now. As is also common ground, the JAAA’s admitted negligence (gross negligence, in some jurisdictions) has put Ms. Clunis’ Olympic dreams in jeopardy. In the absence of any updates as to Ms. Clunis’ situation by 5 p.m. today, we have been instructed to file an emergency appeal to the CAS’s ad hoc division."
The letter continued, "Indeed, we are hopeful that an appeal to the CAS is not necessary, but the JAAA’s negligence and radio silence since July 7th has left our client with few options, not to mention the irreparable damage this has done to the mental and emotional well-being. Athletes deserve better."
While Clunis awaits a resolution, her plight underscores the importance of strong administrative leadership, as the oversight by the JAAA could potentially rob an athlete who has shown remarkable dedication in her sport of the opportunity to achieve her dream on the global stage.
Naser, 22, the 2019 World Championships Women 400m champion, was provisionally suspended on June 4, 2020, under Article 2.4 of the WADA Code. According to the Athletics Integrity Unit (AIU), Naser missed four drug tests within the last year, which amounts to an anti-doping violation.
The athlete has declared her innocence.
“I’ve never been a cheat. I will never be,” she said. “I only missed three drug tests, which is normal. It happens. It can happen to anybody. I don’t want people to get confused in all this because I would never cheat.”
Consequently, Dr Crowne, of the firm New City Chambers, told Sportsmax.TV on Sunday that he is now representing the beleaguered world champion.
"I don't want to reveal too much about our strategy, save to say that we've denied the charges and reserved all of Ms Naser's defences - including the right to seek a reduction in the period of Ineligibility, if any, and the fairness of disqualifying any applicable competitive results," Dr Crowne said.
The AIU was investigating the third of Naser’s missed tests in October 2019 while the transplanted Nigerian was winning her first world title in Doha. She won in 48.14, the third-fastest time in history while upsetting the heavy pre-race favourite Shaunae Miller-Uibo of the Bahamas.
According to the AIU, a fourth missed test occurred in January 2020.
“The investigation into Ms Naser’s three whereabouts failures in 2019 was ongoing at the time of the Doha World Championships and she was not provisionally suspended at that time. Following the conclusion of the investigation and a fourth whereabouts failure in January 2020, a Notice of Charge was issued and Ms Naser was subject to an immediate provisional suspension,” the AIU said in a statement on the matter.
The independent Disciplinary Tribunal hears and determines all first instance disciplinary cases under the World Athletics Anti-Doping Rules or the World Athletics Integrity Code of Conduct.
The Disciplinary Tribunal is chaired by Charles Hollander QC and it currently has a panel of 47 tribunal members from 31 different countries covering all six areas recognised by World Athletics. The secretariat to the Disciplinary Tribunal is managed by Sport Resolutions, an independent dispute resolution service based in London, UK.
Dr Crowne, who is handling this matter pro bono, has had prior success in matters involving alleged whereabouts violations. He represented Jamaican 400m runner Riker Hylton, who was cleared of similar anti-doping violations in 2017.
In October, the Athletics Integrity Unit (AIU) disciplinary tribunal had ruled that Naser had not committed an anti-doping rule violation in relation to an alleged filing failure and missed tests. The tests were missed between March 12 and April 12, 2019.
In its appeal to the CAS, World Athletics requested that the AIU decision "be set aside and that it be replaced with a new decision in which the 2019 400m world champion is found to have committed an ADRV and sanctioned with a two-year period of ineligibility.
The athlete has retained the services of Dr Emir Crowne, Matthew Gayle and Kristie Irving of Trinidad-based New City Chambers, who confirmed that WADA had also appealed the ruling.
"I can confirm that WADA has launched a separate appeal against the decision of World Athletics' Disciplinary Tribunal in the Salwa Naser matter,” Dr Crowne told Sportsmax.TV.
“We will be asking that WADA's appeal be consolidated with World Athletics' appeal, and that the hearing be open to the public."
The Nigerian-born athlete who now competes for Bahrain ran the third fastest time in history while winning the 400m title in Doha. Only Marita Koch (47.60) and Jarmila Kratochvílová (47.99) have run faster than her 48.14. Naser also had a missed test against her name in January 2020, a strike that still stands.
