Attorneys for Jamaica’s hammer thrower Nayoka Clunis have followed through on their promise, and have filed an urgent appeal with the Court of Arbitration for Sport’s (CAS) Ad Hoc Division to seek a resolution regarding the athlete’s Olympic Games omission.

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.

Attorneys representing Jamaica’s hammer thrower Nayoka Clunis are set to file an urgent appeal before the Court of Arbitration for Sport (CAS) ad hoc committee if the uncertainty surrounding her participation in the 2024 Olympic Games remains unresolved by 5 pm today, Wednesday, July 16.

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.

 

 

Noted sports attorney Dr. Emir Crowne, along with Matthew Gayle, Jason Jones, and Sayeed Bernard, have stepped up to represent Jamaican judo athlete Ebony Drysdale-Daley amidst a heated dispute with the Jamaica Judo Association (JJA). The association, led by Dwayne Barnett, has recently accused the British-born judoka of having two whereabouts failures and being on the brink of a ban, a move that Dr Crowne has vehemently criticized.

Dr. Crowne, an international sports lawyer with a history of defending athletes in high-profile cases, blasted the JJA for what he describes as a "smear campaign" against Drysdale-Daley. He expressed outrage over the JJA's decision to publicly disclose confidential information about Drysdale-Daley's whereabouts failures in a press release, calling it "absolutely atrocious" and "wildly irresponsible."

“The Jamaican Judo Association’s action to disclose such confidential information is absolutely atrocious. Athletes enjoy the protection of confidentiality until there is actually some sort of anti-doping rule violation asserted against them,” Crowne explained. He pointed out that an anti-doping rule violation only occurs after three whereabouts failures within a 12-month period, making the JJA's disclosure premature and unethical.

The JJA's press release came as a response to a video posted by Drysdale-Daley, in which she accused the association of bias in selecting athletes for the Paris Olympic Games. Drysdale-Daley, who made history as Jamaica's first judoka at the Olympic Games in Tokyo 2021, alleged that her attempts to qualify for the upcoming Olympics were being deliberately hindered by the JJA in favour of her male counterpart, Ashley McKenzie.

“I feel the federation has shown no impartiality. There is a real question of ethics and integrity. The Jamaican Judo Association is blocking me from attending and competing in my last qualifying event, an event that I have self-funded and paid for,” Drysdale-Daley said in her video.

The JJA, in its defence, cited Drysdale-Daley’s failure to meet deadlines and her previous conduct at the Commonwealth Games 2022, which they described as "unbecoming of an athlete."

In response, Dr. Crowne called for the Jamaican Olympic Association (JOA), the International Judo Federation (IJF), and the Jamaica Anti-Doping Commission (JADCO) to investigate the JJA's conduct. “I encourage JADCO, I encourage WADA, I encourage the JOA, I encourage the international federation to take a hard look at this press release and see if it was appropriate to disclose what is otherwise completely confidential,” Crowne asserted.

Dr. Crowne, known for his representation of athletes like Jamaica’s Ryker Hylton and Briana Williams, argued that the JJA's actions have damaged its own reputation more than Drysdale-Daley's. “In attempting to paint the athlete in a negative light, the Jamaican Judo Association has now painted themselves in a negative light through this breach of confidence, and it should not go unpunished,” he declared.

The disciplinary process for Drysdale-Daley, who has already received a notice of suspension from the JJA, remains in flux. With Dr Crowne and his team offering their legal expertise, the battle between Drysdale-Daley and the JJA is poised to intensify, drawing significant attention from the sports community as the saga unfolds.

 

 

 

 

 

 

 

 

Noted sports attorney Dr. Emir Crowne has blasted the Dwayne Barnett-led Jamaican Judo Association (JJA) for what he described as a smear campaign against British-born judoka Ebony Drysdale-Daley, as the sporting body, on Thursday, revealed that the athlete has two whereabouts failures and is on the cusp of being banned.

Crowne, an international sports lawyer, labelled the JJA’s action to disclose such confidential information in a press release as “absolutely atrocious,” and “wildly irresponsible,” as he believes the breach should not go unpunished.

The JJA’s release, which stated in part that Drysdale-Daley “has twice failed to present herself for Anti-doping testing and faces a potential ban if another test is missed,” was a response to the athlete’s widely-circulated video in which she accused the association of bias where selection for this summer’s Paris Olympic Games is concerned.

Drysdale-Daley, 29, who became the country’s first athlete to compete in judo at an Olympic Games, when she graced the 2021 Tokyo edition, has since been given a notice of suspension by the association, a copy of which SportsMax.TV has obtained.

“Somehow the Jamaican Judo association thought it appropriate to publicly disclose that the athlete has two whereabouts failures so far. I say wildly irresponsible because athletes enjoy the protection of confidentiality until there is actually some sort of anti-doping rule violation asserted against them. For whereabouts failures, there is no anti-doping rule violation until there is three whereabouts failures in a twelve-month period. So until that happens, there is no anti-doping rule violation,” Crowne explained.

Ebony Drysdale-Daley in action for Jamaica.

“I would encourage the athlete, and I would encourage bodies that supervise the Jamaican Judo association, like the Jamaican Olympic Association, or the International Judo body, or JADCO…someone needs to sanction the conduct of the Jamaican Judo Association,” he added.

Crowne, who has represented a number of athletes such as Jamaica’s Ryker Hylton, Briana Williams, Kaliese Spencer and Trinidadian Fabian Whitfield, among others, argued that the JJA, in their eagerness to smear the reputation of the athlete, breached all protocols and standards of confidentiality.

“Quite ironically, the Jamaican Judo association, in attempting to paint the athlete in a negative light, has now painted themselves in a negative light through this breach of confidence, and it should not go unpunished,” the Trinidadian declared.

“I encourage JADCO, I encourage WADA, I encourage the JOA, I encourage the international federation to take a hard look at this press release and see if it was appropriate to disclose what is otherwise completely confidential in any other circumstance, in any other country, in any other sport in the world,” he stated.

In her almost four-minute long video released on Tuesday, Drysdale-Daley alleged that her path to qualification for the Paris Olympic Games was deliberately being blocked by the powers that be.

Jamaican Judo Association president Dwayne Barnett.

With only one judo spot available to Jamaica for the Games, she believes that she was being overlooked by the association since her male counterpart Ashley McKenzie came in the picture.

It is on that basis why Drysdale-Daley, the 2022 Commonwealth Games silver medallist, alleges that her self-funded efforts to attend qualifying events in an attempt to possibly overhaul McKenzie is being hindered by the associations hierarchy.

“I feel the federation has shown no impartiality. I feel there is a real question of ethics, a real question of integrity. The Jamaican Judo association is blocking me from attending and competing in my last qualifying event, an event that I have self-funded and paid for,” she said.

The JJA in refuting the claims pointed to the athlete’s disregard for deadlines.

“The JJA advises Ebony Drysdale-Daley to reflect on her disregard for these deadlines, as she has twice failed to present herself for Anti-doping testing and faces a potential ban if another test is missed. Furthermore, she has received a written warning from the JJA regarding behaviour and actions deemed unbecoming of an athlete at the Commonwealth Games 2022,” the JJA release stated.

In a bid to clear his name and restore his reputation, Jamaica's national squash champion, Julian Morrison, is challenging the provisional suspension imposed by the Jamaica Anti-Doping Commission (JADCO) after testing positive for trace amounts of Boldenone, a banned anabolic agent.

The suspension came following an out-of-competition test conducted on January 18th, 2024, where Morrison's results showed the presence of Boldenone in his system. However, Morrison and his representatives strongly assert that the substance entered his body inadvertently, likely through contamination.

Dr. Emir Crowne and Mr. Matthew Gayle, legal representatives for Morrison, are steadfast in their support of his innocence. They emphasize that Boldenone's presence was unintentional and stress Morrison's commitment to upholding the integrity of the sport.

Speaking on behalf of Morrison, Dr. Crowne stated, "As best as can be determined at this time, the banned substance unknowingly entered Mr. Morrison's system through contamination." Morrison remains determined to expedite the process of vindication and is actively engaging with authorities to clear his name.

Boldenone, often associated with bodybuilding due to its anabolic properties, is prohibited in competitive sports. However, Morrison's case highlights the complexities of anti-doping regulations and the challenges faced by athletes when dealing with inadvertent exposure to banned substances.

Despite the setback, Morrison remains resolute and hopeful for a positive resolution. His representatives have expressed confidence in the ongoing efforts to overturn the suspension and restore Morrison's eligibility to compete.

 

Noted international sports attorney Dr. Emir Crowne believes the charge laid by the Athletics Integrity Unit (AIU) against Jamaican quarter-miler Christopher Taylor is a case of over-reach.

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.

 

 

 

 

Noted Trinidadian attorney, Dr. Emir Crowne, has described his appointment to the Sports Resolutions’ Commonwealth Games Federation Court as a privilege.

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.

Hearing dates for the consolidated appeals of the World Anti-Doping Agency (WADA) and World Athletics against 2019 400m World Champions Salwa Eid Naser have been set for Thursday, April 22 and Friday, April 23, 2021.

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