PRESS RELEASE: Jamaica Anti-Doping Disciplinary Panel Findings

PRESS RELEASE 

Re: Hearings of the Jamaica Anti-Doping Disciplinary Panel proceedings pursuant to Section 19 of the Jamaica Anti-Doping in Sport Act 2008 – Messrs. Yohan Blake, Allodin Fothergill, Marvin Anderson, Lansford Spence and Ms. Sheri-Ann Brooks 

      The Jamaica Anti-Doping (JAD) Disciplinary Panel held disciplinary hearings on the 03^rd, 05^th and 07^th days of August 2009 on adverse analytical findings from the Jamaica Anti-Doping Commission with respect to Messrs. Yohan Blake, Allodin Fothergill, Marvin Anderson, Lansford Spence and Ms. Sheri-Ann Brooks. 

       The JAD Disciplinary Panel comprised Kent Gammon, Chairman of the JAD Disciplinary Panel, Mr. Bertland Cameron, the athletic representative on the JAD Disciplinary Panel and Dr. Japheth Ford, the medical representative on the said JAD Disciplinary Panel with respect to hearing Ms. Brooks’  matter.   The JAD Disciplinary Panel comprised Kent Gammon, Chairman of the JAD Disciplinary Panel, Mr. Bertland Cameron, the athletic representative on the JAD Disciplinary Panel and Dr. Winston Isles, the medical representative on the said JAD Disciplinary Panel with respect to hearing the matters concerning Messrs. Yohan Blake, Allodin Fothergill, Marvin Anderson and Lansford Spence.   

The JAD Disciplinary Hearings with respect to Messrs. Yohan Blake, Allodin Fothergill, Marvin Anderson, Lansford Spence 

      The JAD Disciplinary Panel heard submissions from counsel for JADCO and counsel, led by Dr. Lloyd Barnett Q.C., for the athletes/defence.  The Disciplinary Panel unanimously was not persuaded to the standard of proof, bearing in mind the seriousness of the allegations made, that the prohibited substance found in the athletes’ A samples taken over the material period 26^th to 28^th days of June 2009 at the National Senior Championships, namely 4-Methyl-2-hexanamine, has that sufficient degree of nexus in terms of chemical or biological structure vis-a-vis Tuaminoheptane.  

      Tuaminoheptane is a prohibited substance on the WADA 2009, Prohibited List, International Standard. 

      The Disciplinary Panel therefore does not find on the evidence presented before it on Friday the 07^th day of August 2009 that an anti-doping violation occurred with respect to the adverse analytical findings by the Laboratorie de controle du dopage in the A samples taken over the period 26^th and 28^th days of June 2009 at the National Senior Championships from the athletes Yohan Blake, Marvin Anderson, Allodin Fothergill and Lansford Spence. In the circumstances no sanctions can be imposed by the JAD Disciplinary Panel on the said athletes. 

The JAD Disciplinary Hearings with respect to Ms. Sheri-Ann Brooks 

      The JAD Disciplinary Panel heard submissions on Monday the 03^rd day of August 2009 and Wednesday the 05^th day of August 2009 from counsel for JADCO and counsel for Ms. Brooks. An irregularity occurred with the testing of Ms. Brook’s B sample that is:-

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 Ms. Brook’s 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. Brook’s B sample confirmed the positive finding of Ms. Brook’s A sample.

      In the circumstances aforementioned the JAD Disciplinary Panel was unable to impose any sanctions on Ms. Brooks. 

      We were verbally informed on the 05^th day of August 2009 by counsel for JADCO that they intend to appeal the decision of the JAD Disciplinary Panel with respect to Ms. Brooks’ disciplinary hearing.  

      The written judgments can be obtained from JADCO’s Head Office. 
 

Yours sincerely, 

Per;______________________

Kent P. Gammon – chairman of the JAD Disciplinary panel