Wed | Dec 13, 2017

Marsh, MacDonald set to compete at CYG

Published:Saturday | July 22, 2017 | 12:10 AMLivingston Scott

 

Jamaican swimmers Jesse Marsh and Emily MacDonald have been given the go-ahead to compete at the Commonwealth Youth Games by the Jamaica Olympic Association (JOA).

The swimmers got the green light yesterday after Supreme Court judge, Mr Justice Kissock Laing, ruled in their favour following an injunction and ordered the JOA to allow them to compete as members of the Jamaica team at the CYG. Alexis Robinson and Helen Liu, attorneys-at-law, instructed by Myers, Fletcher & Gordon, represented Marsh and MacDonald.

The lawyers argued that the JOA's decision to revoke the swimmer's participation at the CYG because of failure to sleepover at a 'rushed and inadequately organised camp was arbitrary and capricious and in breach of natural justice.'

Justice Laing, a release from the lawyers said, indicated that he weighed the fact that the defendant would not get an opportunity to defend its case at trial, but said that the court had a duty to uphold an individual's rights when injustice had been meted out to him or her.

The JOA was earlier slow to comply with the Supreme Court Justice Laing's orders on Thursday which compelled them to allow the swimmers to participate. Yesterday the swimmers' attorneys went back to court in an effort to convince the JOA to allow their clients to compete at the championships. They filed a Notice of Application for Court Orders for contempt of court for the JOA's failure to obey the order of the court.

However, before the application came in front of a judge, the JOA indicated it signed the Entry Eligibility Condition forms for Marsh and MacDonald to participate. The two swimmers missed their races yesterday but are expected to compete today

The pair were banned from the team after they failed to meet the training camp requirement, which demanded that athletes sleep over. The swimmers did attend the camp but refused to sleepover and were reprimanded.

However, the parents of both swimmers refused to accept the decision to exclude their children and challenged it in the courts.