KELLY-ANN BAPTISTE CASE GOES TO COURT OF ARBITRATION
NAAA Media Release-August 29, 2014The National Association of Athletics Administrations of Trinidad and Tobago (NAAA) wishes to announce the conclusion of the first instance hearing regarding the Kelly-Ann Baptiste anti-doping rule violation.
On August 5, 2014, the NAAA’s Disciplinary Panel comprising Attorney-at-Law, J.Tyrone Marcus as Chairman, Brigadier-General Anthony Phillips-Spencer of the Defence Force, sports medicine specialist Dr. Anyl Gopeesingh, NAAA Public Relations Officer, Peter Samuel, and NAAA General Secretary Allan Baboolal, reconvened to issue its final ruling having first met on June 6, 2014.
The second meeting was necessary due to the prevailing anti-doping rules of the International Association of Athletics Federations (IAAF), which stipulated that in cases like that of Baptiste, where Substantial Assistance was provided, the matter needed to be referred to the Doping Review Board of the IAAF before being remitted to the Disciplinary Panel.
The Substantial Assistance provisions of the World Anti-Doping Code and related rules globally are aimed at encouraging openness and full disclosure but have rarely been invoked. The most recent Substantial Assistance case involved US sprinter Tyson Gay, who served a one-year suspension having co-operated with the United States Anti-Doping Agency (USADA) and the IAAF.
The World Anti-Doping Agency, acknowledged Gay’s help and did not appeal his one-year suspension.
Due to the sensitivity of the information provided by Baptiste as she co-operated with various anti-doping regulators, her hearing was conducted in strict confidence, especially because of the potential impact her disclosures could have on revealing past or current doping offences by third parties.
The Disciplinary Panel decided on August 12, 2014, that in view of the applicable regulations regarding Substantial Assistance, Baptiste’s general conduct and co-operation, the decisions in previous anti-doping case law and the fact that she had served a 16-month period of ineligibility (already four months longer than Gay) since the collection of her urine sample, her ban would be lifted with immediate effect, with the Panel having the power to reinstate the ban subsequently, if the circumstances so required.
Late last week, the NAAA received notification that the IAAF intended to appeal the decision of the Disciplinary Panel to the Court of Arbitration for Sport in Lausanne, Switzerland. In so doing, the IAAF reinstated Baptiste’s ban which was only lifted on August 12, 2014.
The appeal date is yet to be set.
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There are clear double-standards here from the IAAF when we view Kelly-Ann's case in comparison to Tyson Gay's case especially when we note that she has already served 4 months more than Gay did before he was cleared to compete again.
Lets see how long they take to set the appeal date and if the IAAAF wins the appeal.