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.

In a potentially precedent-setting move, lawyers at New City Chambers, representing Dahlia Palmer, a Jamaican cyclist based in Trinidad and Tobago, have issued a final written warning to the Jamaican Cycling Federation. The letter, sent on September 20, 2023, threatens legal action against the federation unless they reconsider their suspension of Ms. Palmer's coach, Mr. Robert Farrier, and permit his attendance at the 2023 Pan Am Games and future events.

The legal dispute stems from a series of events that have unfolded over the past months. In May 2023, the federation's Secretary, Ms. Donna-Kaye Sharpe, sent an email stating that athletes, coaches, and managers must fund their participation in the Pan American Track Championships. These championships served as a crucial qualifier for the PANAM Games 2023 and the Olympic Games 2024.

Ms. Palmer and Mr. Farrier decided to self-fund their participation, a decision that eventually led to Ms. Palmer's impressive performance at the championships, securing her qualification for the PANAM Games 2023.

However, issues arose when Ms. Palmer opted not to attend the CAC Games 2023. She cited her lack of trust in the accompanying coach, Mr. Carlton Simmonds, as a primary reason. Mr. Farrier expressed concerns about Coach Simmonds during a virtual conference in May 2023, indicating that Ms. Palmer preferred to focus on events like the championships that held Olympic qualification status.

On June 7, 2023, the federation sent letters to both Ms. Palmer and Mr. Farrier expressing disapproval of Ms. Palmer's non-attendance at the CAC Games and concerns about Mr. Farrier's comments regarding Coach Simmonds. Mr. Farrier, to his surprise, received a 12-month suspension in response.

As tensions mounted, the federation requested a meeting with Ms. Palmer on August 31, 2023, to discuss her non-attendance at the CAC Games and the Olympics 2024. Ms. Palmer insisted that any discussions about her cycling career must include Mr. Farrier, her coach and manager.

Attorney Amy Rajkumar, whose signature appears beneath the missive, argues that the federation's actions amount to breaches of duty and an abuse of power. They emphasize that the federation never provided additional staff or financial support for Olympic qualifiers attended by Ms. Palmer. Moreover, Mr. Farrier was never selected to accompany athletes during fully funded events organized by the association.

The lawyers contend that the federation's suspension of Mr. Farrier, their refusal to provide a copy of the Federation's Constitution and Selection Policy, and their financial negligence violate the International Olympic Committee Code of Ethics, which highlights principles like safety, well-being, and respect for universal ethical standards.

The letter concludes with a request that the federation reconsiders their decisions, lifts Mr. Farrier's suspension, and fully funds Ms. Palmer's attendance at the PANAM Games 2023. Failure to comply by noon on September 26, 2023, will result in legal action against the federation.