JADCO ready for court bat­tle with Brown

Jamaica Gleaner - - SPORTS - Rachid Parch­ment Sports News Co­or­di­na­tor

JA­MAICA ANTI-Dop­ing Com­mis­sion (JADCO) chair­man Alexan­der Wil­liams says the agency is fully pre­pared and ready to go to court re­gard­ing its de­ci­sion to ter­mi­nate the ser­vices of its ex­ec­u­tive direc­tor, Carey Brown. This is after Brown and his le­gal team were granted an in­junc­tion by the Supreme Court which bars JADCO from ter­mi­nat­ing his con­tract with no­tice of his fi­nal day be­ing on Oc­to­ber 31.

“I can con­firm that Mr Brown has se­cured for him­self an in­terim in­junc­tion,” Wil­liams told The Gleaner yes­ter­day. “In other words, it’s granted by the court with­out hear­ing the other party to the dis­pute and it will ex­pire on Novem­ber 1, and on that day, there will be a full hear­ing into the is­sue.

“JADCO is well pre­pared to go to court on Novem­ber 1. We have rep­re­sent­ing us Ms Althea Jar­rett of the at­tor­ney gen­eral’s cham­bers.”

Brown was asked to re­sign from his po­si­tion by JADCO last month be­cause its board had “lost con­fi­dence” in Brown’s abil­ity to ef­fec­tively carry out his role as ex­ec­u­tive direc­tor. How­ever, he did not co­op­er­ate with the re­quest and was then fired from his role by the board on Septem­ber 11. Re­gard­ing this de­ci­sion, Wil­liams went fur­ther to ex­plain the move.

DIS­SAT­IS­FIED WITH AS­SUR­ANCES

“We have be­come in­creas­ingly dis­sat­is­fied with the as­sur­ances that he has been giv­ing the board con­cern­ing his mon­i­tor­ing of the sam­ple-col­lec­tion process. Two de­ci­sions, es­pe­cially with Riker Hyl­ton and Kaliese Spencer, in which the IADP (In­de­pen­dent Anti-Dop­ing Panel) made ad­verse com­ments about the way JADCO com­menced in breach of par­tic­u­lar rules [was one],” Wil­liams told

The Gleaner on Septem­ber 11. How­ever, Brown’s lawyer, Hugh Wild­man, said that the in­junc­tion was granted be­cause he was tem­po­rar­ily re­as­signed from his orig­i­nal em­ploy­ment to that of ex­ec­u­tive direc­tor at JADCO, there­fore, its board can­not make the de­ci­sion it did to ter­mi­nate him.

“Mr Brown is not an or­di­nary em­ployee of JADCO,” Wild­man shared. “Mr Brown is a public of­fi­cer. He was ap­pointed un­der Sec­tion 125 of the Con­sti­tu­tion to the Public Ser­vice, then he was sec­onded to the post as the ex­ec­u­tive direc­tor of JADCO.

“If you look at Sec­tion 10.6 of the JADCO Act, it also speaks to that sec­ond­ment. Any­one who is ap­pointed from the public ser­vice to that post, or any post in JADCO re­mains a public ser­vant and is en­ti­tled to be treated as a public ser­vant. There­fore, Mr Brown can­not be ter­mi­nated at the plea­sure of the board ... be­cause he is pro­tected by the con­sti­tu­tion— his em­ploy­ment is not one of pri­vate law, but public law.

The in­junc­tion was first granted by the Supreme Court on Oc­to­ber 4 but Wild­man said that it was con­tin­ued on Tues­day by an­other judge. This was after an ap­pli­ca­tion for leave to pur­sue ju­di­cial re­view was filed, but could not be heard un­til Novem­ber 1.

FILE

Alexan­der Wil­liams

WILD­MAN

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