http://www.trackalerts.com/news/lead-stories/6067-mullings-case-suffers-another-blowSteve Mullings' case suffers another major blowThursday, 10 November 2011 19:30 Anthony Foster
KINGSTON, Jamaica. Embattled Jamaican sprinter Steve Mullings suffered another major blow in his fight against a doping ban, at his hearing held at the Jamaica Conference Centre in downtown Kingston today.
This is the second major blow for the sprinter, who for the second time since the hearing got underway on August 26 2011, was having a request (this time affidavits provided by himself and his witness Steve Dudley) denied by JADCO's Disciplinary Panel.
In October, his first request to have his B sample re-tested was denied by the panel.
It was repeated that Mullings was not present because he feared for his life. His lawyer then made reference to Steve’s late father who was murdered no more than three months ago, to back up the claim made by his client.
“The reason I am not in attendance for today’s hearing, is due to the fact that I fear for my life in Jamaica.” Mullings said in his affidavit to the Jamaica Anti-Doping Disciplinary Panel, which includes chairman Lennox Gayle, Dr. Jephtah Ford and Peter Prendergast.
“I have been informed that it is not safe for me to spend anytime in Jamaica” the lengthy explanation from his affidavit continued.
But according to the prosecuting lawyer, Lackston Robinson, at today’s sitting, “there is nothing in this affidavit that spoke to or mentioned his fear.”
He continued, "the affidavit, the only one that is signed, received by JADCO, does not match the copy which Mullings’ team has presented."
Robinson further pointed out that the Mullings’ camp could not submit any evidence related to the case by affidavit.
However, he was quick to make it clear it is not his decision but one of the panel, so should the panel decide to accept the affidavit, he has no choice but to do so also.
But after hearing both sides and that Robinson had an important meeting to attend with the Commissioner of Police and Attorney General, chairman Lennox Gayle advised that he would be taking five minutes to meet with his panel to rule on whether or not to accept the affidavits of Mullings and his witness Steve Dudley.
On return, Panel Chairman, Lennox Gayle made reference to the length of the trial and the date it began back on August 22nd, and said he found the affidavit where Mullings made references of being afraid for his life somewhat bizarre, because in past meetings in October, most notably on the 19th and 20th, no mention was made by any parties, that Mullings would not be present for any factors whatsoever.
Gayle continued to point out irregularities within the case and mentioned that JADCO was not given sufficient time to review Mullings’ affidavit. The said affidavit was received on Nov 8th, 2011 and Gayle provided the following statement:
“We believe Mr. Mullings had more than enough time to appear in person, as in regards to his fear, nothing had been identified of where this fear came about and when.”
Gayle continued to say “Preparation could have been made to bring evidence by video, phone or other ways involving technology.”
“To allow Mr. Mullings to give a statement by affidavit would be unfair, because JADCO brought witnesses and they would not be able to cross examine Mullings and the serious accusations he made in his affidavit."
The panel has been adjourned for the day and Chairman Gayle told both teams that only submissions would be accepted when they meet again on the 16th at 2pm, but exceptions would be made if Mullings appears in person.
