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Julian Morrison's attorneys seek recusal of anti-doping panel chair over conflict of interest concerns
Written by Leighton Levy. Posted in Squash. | 02 September 2024 | 584 Views
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Attorneys representing Jamaican squash player Julian Morrison have filed a formal application requesting that Catherine Minto, Chair of the Independent Anti-Doping Disciplinary Panel, recuse herself from the ongoing hearing concerning an alleged anti-doping violation. The application, filed by Dr. Emir Crowne, Mr. Matthew Gayle, and Mr. Sayeed Bernard, on Monday, September 2, argues that Minto’s prior extensive working relationship with Kings Counsel Ian Wilkinson, who is representing the Jamaica Anti-Doping Commission (JADCO) in the matter, presents a potential conflict of interest.

The legal team’s concerns are rooted in the principle of impartiality, as outlined in WADA’s International Standard for Results Management. This standard mandates that members of hearing panels must be free from any actual or potential conflicts of interest to ensure a fair and unbiased adjudication process.

According to the standard, “Upon appointment to a hearing panel, each hearing panel member shall sign a declaration that there are no facts or circumstances known to him/her which might call into question their impartiality in the eyes of any of the parties, other than any circumstances disclosed in the declaration…”

Morrison's legal team discovered on August 30, 2024, that Minto had previously served as co-counsel with Wilkinson in several cases, some of which spanned nearly a decade and culminated in an appeal to the Privy Council. Despite the significant duration and nature of this professional relationship, it was not disclosed to Morrison or his representatives at the outset of the hearing. They argue that this omission compromises the perceived impartiality of the Chair and raises questions about the fairness of the proceedings.

Matthew Gayle, one of Morrison’s attorneys, emphasized the seriousness of the situation: “Given that the panel has considered the issue of recusal, substantively for a significant period of time, this ought to have been a matter that was disclosed to the parties so the athlete has no way of knowing but for information in the public domain. This should have been disclosed by the Chair herself and to the parties and give the athlete an opportunity to consider whether or not he wants to raise an objection, and in the circumstances where no disclosure has taken place it does raise a very serious question as to why,” he told Sportsmax.TV.

The application highlights multiple cases, including ones from 2014, 2016, and 2020, where Minto and Wilkinson worked closely together. Morrison’s legal team contends that this omission violates the ethical guidelines that require transparency and impartiality from those presiding over such hearings.

In April, Morrison was provisionally suspended by JADCO after testing positive for trace amounts of the banned anabolic agent Boldenone. Since then, he has been eagerly awaiting the chance to clear his name. His legal team has argued that Morrison unknowingly ingested the substance and is determined to prove his innocence.

The attorneys have requested that Minto either voluntarily recuse herself and be replaced by an alternate who has no recent or extensive professional ties to JADCO's counsel, or that the application for her recusal be decided by other members of the Independent Anti-Doping Disciplinary Panel who are free from similar conflicts.

Morrison’s legal team stressed that this application was not made lightly, acknowledging that it could delay the proceedings. However, they assert that the integrity of the hearing and the athlete’s right to a fair trial must take precedence.

The outcome of this recusal application could significantly impact the course of the hearing, as both parties await a decision that will determine the next steps in this high-stakes case. Morrison remains resolute in his fight to prove his innocence and is hopeful that he will be granted a fair opportunity to do so.