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Published: Wednesday | January 8, 2014 2 Comments
Olympian Sherone Simpson (second left) with her lawyer Danielle Chai at the start of the two-day hearing into her anti-doping violation before an independent disciplinary panel at the Jamaica Conference Centre, downtown Kingston, yesterday. Looking on is Asafa Powell (right background), Simpson's former MVP teammate, while at left is Paul Doyle, the agent for both athletes. - Ian Allen/Staff Photographer
Leighton Levy, Gleaner Writer
A defiant Sherone Simpson maintained that she was not a cheat during her three-and-a-half hour testimony yesterday at the start of the two-day hearing into her doping violation before an independent disciplinary panel at the Jamaica Conference Centre, downtown Kingston.
During her long but still-to-be-completed testimony, Simpson declared that she did everything possible, including researching on the Internet for about 14 hours, to ensure that a new supplement that was introduced to her by physical trainer Chris Xuereb did not contain any banned substances.
However, according to Lackston Robinson, the attorney representing the Jamaica Anti-Doping Commission, the 2008 100-metre silver medallist did not go far enough.
'SIGNIFICANTLY NEGLIGENT'
He is contending that Simpson was "significantly negligent" so she would not be able to rely on World Anti-Doping Agency) rules 10.4 or 10.5.2 for the mitigation of sanctions. He also contended that Simpson could not also rely on rule 10.5.3, which allows for mitigation of sanctions where it is established that substantial assistance was given to authorities investigating the case.
Rule 10.4 speaks to the elimination or reduction of a period of ineligibility and depends on whether an athlete or another person can establish when and how a specified substance entered his or her body or came into their possession and that the substance was not intended to enhance the athlete's performance. Rule 10.5.2 says an athlete's sanction can be reduced if it can be established that the athlete bears no significant fault or negligence, while 10.5.3 allows for the athlete to get a reduced sanction if the athlete renders significant assistance in establishing or discovering anti-doping violations.
Simpson is being represented by attorneys Kwame Brown and Danielle Chai, who are being instructed by the law firm Samuda & Johnson. She was among five Jamaican athletes who tested positive for banned substances during the National Championships held in June 2013 as Jamaica selected its team to the 14th IAAF World Athletic Championships in Moscow in August.
Under direct examination from Brown, Simpson said Xuereb arrived in Jamaica from Canada on June 6, 2013 with supplements for her. Among them were Combat Protein, Endura, Fish Oil, Cue 10, Epiphany D1 and vitamin D. She said she was familiar with most of them except for Epiphany D1, a supplement that claims to support short and long-term memory, increased attention span, boosts confidence and improves concentration and focus.
It was revealed in pre-hearing discussions that samples of the supplement were sent by her attorneys to a lab for testing. One batch of Epiphany D1 tested was found to contain Oxilofrine, while the other did not.
Simpson said she went to Google and typed in 'WADA prohibited list 2013'.
"I looked at all the substances on the list," she said. She then checked the ingredients on the Epiphany label for unfamiliar compounds. She saw nothing on the bottle that appeared on the WADA 2013 list.
She told Brown that she Googled all substances she was unfamiliar with. "There was nothing that rang any alarm bells."
Under cross-examination, things became a bit testy between the Olympian and Robinson, who tried to establish that Simpson was negligent. He asked if as an elite athlete she was aware that manufacturers do not always include all the ingredients on the labels of supplements. She said she was not aware. Pressing further, he asked Simpson if she was aware that supplements could be contaminated.
"I would not know that they may be contaminated," she responded.
"Do you agree that a doctor or a nutritionist would be better able to say what is contained with a supplement?" Robinson asked. However, the 2006 Commonwealth 200 metres champion maintained that she had never needed to take the WADA list to a doctor or nutritionist for them to help determine if they were clean.
She is expected to resume testifying today. Simpson's former MVP teammate Asafa Powell and her agent Paul Doyle are both expected to testify today.
Olympian Sherone Simpson (second left) with her lawyer Danielle Chai at the start of the two-day hearing into her anti-doping violation before an independent disciplinary panel at the Jamaica Conference Centre, downtown Kingston, yesterday. Looking on is Asafa Powell (right background), Simpson's former MVP teammate, while at left is Paul Doyle, the agent for both athletes. - Ian Allen/Staff Photographer
Leighton Levy, Gleaner Writer
A defiant Sherone Simpson maintained that she was not a cheat during her three-and-a-half hour testimony yesterday at the start of the two-day hearing into her doping violation before an independent disciplinary panel at the Jamaica Conference Centre, downtown Kingston.
During her long but still-to-be-completed testimony, Simpson declared that she did everything possible, including researching on the Internet for about 14 hours, to ensure that a new supplement that was introduced to her by physical trainer Chris Xuereb did not contain any banned substances.
However, according to Lackston Robinson, the attorney representing the Jamaica Anti-Doping Commission, the 2008 100-metre silver medallist did not go far enough.
'SIGNIFICANTLY NEGLIGENT'
He is contending that Simpson was "significantly negligent" so she would not be able to rely on World Anti-Doping Agency) rules 10.4 or 10.5.2 for the mitigation of sanctions. He also contended that Simpson could not also rely on rule 10.5.3, which allows for mitigation of sanctions where it is established that substantial assistance was given to authorities investigating the case.
Rule 10.4 speaks to the elimination or reduction of a period of ineligibility and depends on whether an athlete or another person can establish when and how a specified substance entered his or her body or came into their possession and that the substance was not intended to enhance the athlete's performance. Rule 10.5.2 says an athlete's sanction can be reduced if it can be established that the athlete bears no significant fault or negligence, while 10.5.3 allows for the athlete to get a reduced sanction if the athlete renders significant assistance in establishing or discovering anti-doping violations.
Simpson is being represented by attorneys Kwame Brown and Danielle Chai, who are being instructed by the law firm Samuda & Johnson. She was among five Jamaican athletes who tested positive for banned substances during the National Championships held in June 2013 as Jamaica selected its team to the 14th IAAF World Athletic Championships in Moscow in August.
Under direct examination from Brown, Simpson said Xuereb arrived in Jamaica from Canada on June 6, 2013 with supplements for her. Among them were Combat Protein, Endura, Fish Oil, Cue 10, Epiphany D1 and vitamin D. She said she was familiar with most of them except for Epiphany D1, a supplement that claims to support short and long-term memory, increased attention span, boosts confidence and improves concentration and focus.
It was revealed in pre-hearing discussions that samples of the supplement were sent by her attorneys to a lab for testing. One batch of Epiphany D1 tested was found to contain Oxilofrine, while the other did not.
Simpson said she went to Google and typed in 'WADA prohibited list 2013'.
"I looked at all the substances on the list," she said. She then checked the ingredients on the Epiphany label for unfamiliar compounds. She saw nothing on the bottle that appeared on the WADA 2013 list.
She told Brown that she Googled all substances she was unfamiliar with. "There was nothing that rang any alarm bells."
Under cross-examination, things became a bit testy between the Olympian and Robinson, who tried to establish that Simpson was negligent. He asked if as an elite athlete she was aware that manufacturers do not always include all the ingredients on the labels of supplements. She said she was not aware. Pressing further, he asked Simpson if she was aware that supplements could be contaminated.
"I would not know that they may be contaminated," she responded.
"Do you agree that a doctor or a nutritionist would be better able to say what is contained with a supplement?" Robinson asked. However, the 2006 Commonwealth 200 metres champion maintained that she had never needed to take the WADA list to a doctor or nutritionist for them to help determine if they were clean.
She is expected to resume testifying today. Simpson's former MVP teammate Asafa Powell and her agent Paul Doyle are both expected to testify today.
Paul Marin -19 is one thing, 20 is a whole other matter. It gets even worse if they win the UCL. *groan*. 
05/18/2011.MU fans naah cough, but all a unuh a vomit?-Lazie 1/11/2015
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