Tue | Aug 22, 2017

Russell's violation hearing continues - West Indies all-rounder's lawyer remains confident

Published:Thursday | September 29, 2016 | 9:00 AMLivingston Scott
Jamaica and West Indies cricketer André Russell makes a note during a recent Jamaica Anti-Doping Disciplinary Panel hearing at the Jamaica Conference Centre in Kingston.

Lead counsel Patrick Foster continued his cross examination of Nadia Vassell, Jamaica Anti-Doping Commission (JADCO) whereabouts officer and director of technical services, during yesterday's hearing into the whereabouts clause violation of Jamaica and West Indies all-rounder AndrÈ Russell at the Jamaica Conference Centre.

Foster focused his arguments on procedural breaches by pointing to miscommunication and questionable methods of communication used by JADCO in contacting Russell and his agent, Will Quinn, for extension deadlines, especially, from the period July 20 to 24th (2015), in regards to the allegations against the West Indies cricketer.

"I finished the cross-examination of Ms Nadia Vassell on the filing failures allegations. I just explored the procedures adopted by JADCO in recording the filing failures, and I did that in background with the rules just to make the panel understand what the process is and if there was compliance with the rules," he told The Gleaner.

"That is the critical issue, whether there was a filing failure and whether JADCO reached that conclusion in the appropriate way in compliance with the rules, particularly in relation to the July to September quarter where issues arise as to whether they have the right to make two filing failures or one," he added.

When the hearing resumes on October 6, Foster will continue his cross examination of JADCO witnesses Carey Brown, the executive director of the organisation, and Tahje Smith.

Following his questioning of those two witnesses, Russell's team will then open its case, and Russell is expected to give evidence.

"The next witnesses to be called are Mr Carey Brown and Mr Tajae Smith on behalf of JADCO. But we are moving on with the case after those two witnesses are finished, and we will open our case and Mr Russell will give evidence. We are looking forward to giving evidence and have the matter closed and move on. But it (case) is still unfolding, and I will leave that 'til the end," he said.

At the last hearing, Vassell told Foster that a reminder was first sent to Russell through a letter on July 6, 2015. Russell was given an extension to file his whereabouts by July 13, 2015 and on July 20, he (Vassell) sent another email to the cricketer asking him to file his whereabouts by July 24.