Panel delays decisions on Blake, Cunningham

Published: Thursday | October 18, 2012 Comments 0
Cunningham
Cunningham
Blake
Blake

André Lowe, Senior Staff Reporter

Cases brought by the Jamaica Anti-Doping Com-mission (JADCo) Discipli-nary Panel against track athletes Dominique Blake and Ricardo Cunningham have been adjourned until December 3-5 and November 1, respectively, because of the absence of adequate documentation and witnesses.

Quarter-miler Blake and her team came prepared to challenge the case brought against her, after she tested positive for the banned substance methylhexanamine at the Jamaica Athletics Administrative Association/Supreme Ventures Limited National Senior Cham-pionships earlier this year.

However, Khadine Dixon, who led Blake's defence, noted that she was unable to present a proper brief to the hearing because her client was provided with incorrect documentation by the JADCo Disciplinary Panel Secretariat, and that she was never advised of the length of time it would take for her request for the A sample to be met.

seven-point order

JADCo attorney Lackston Robinson admitted that an error had been made by the secretariat, and moved that a seven-point order be instated, bearing clearly defined instructions and deadlines for the full hearing, which is now set to take place.

"That was due to a lack of experience, but certain documents should not have been sent to the respondent. An error was made," Robinson said.

Blake and Dixon were clearly not in favour of an adjournment at the outset, with Dixon pointing out: "My client is here now, she does not reside in Jamaica and we are here now and believe we can present a good rebuttal. We are prepared to present a case to you."

Nonetheless, former director of public prosecutions, Kent Pantry, who serves as the chairman of the JADCo Disciplinary Panel, which also consists of attorney Lennox Gayle, physician Japheth Ford and Olympian Juliet Cuthbert, outlined after further consultations with all parties that there would have to be an adjournment, given the situation.

Consequently, JADCo is required to serve Blake with the document package for the A and B samples by October 24, 2012.

Blake in turn is to file with the JADCo Secretariat a comprehensive brief no later than November 7, 2012. Blake and her team will also be required to name all witnesses and prepare witness statements for the secretariat before the next hearing.

Also in Blake's corner were family friend Wayne Turpin and Valerie Williams.

Meanwhile, Cunningham, who will not challenge the assertion brought against him, after he returned slightly higher-than-allowed levels of pseudoephedrine from his sample at the championships, was asked to return with a witness, after he explained taking cough medicine as the reason behind his adverse analytical finding.

Pseudoephedrine, despite being on WADA's list of banned substances, is not listed as a performance-enhancement substance and is a common element in popular cold and cough medicines.

Cunningham presented a report from his doctor to Robinson and the panel, but was advised that the evidence was not sufficient and instructed to have the doctor present at the next hearing.

The national 800m champion was accompanied by MVP Track Club treasurer and assistant head coach Paul Francis.

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