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BY KAYON RAYNOR Senior staff reporter raynork@jamaicaobserver.com  
November 19, 2009

Bailey to sue Swedish newspaper

Antiguan sprinter Daniel Bailey, the training partner of Jamaican Usain Bolt, has started legal proceedings against Swedish newspaper Aftonbladet which erroneously published an articles claiming he failed a drug test during this summer’s World Championships in Berlin, Germany.

Bailey’s manager Cubie Seegobin confirmed the defamation case had been filed with the Swedish Press Council on Wednesday, November 18.

“Yes, I can confirm that we have started a legal complaint against the Swedish newspaper,” Seegobin told the Observer when contacted yesterday.

“This is the first step in what we foresee as a detailed litigation against the newspaper that erroneously issued the two articles saying that Mr Bailey had tested positive in the 100 metre final at the World Championships in Berlin” he added, while declining to disclose the name of the Swedish law firm representing Bailey.

“At this time we’re not prepared to divulge that, but we can say it is one of the largest legal firms within Sweden.”

Following the 100m final on August 16 in which Bailey clocked 9.93 seconds to place fourth behind Bolt, who won in a world record 9.58, Aftonbladet ran a story claiming the 22-year-old Antiguan had failed a drug test.

However, track and field’s world governing body, the IAAF, subsequently issued a statement indicating none of the eight finalists tested positive for any banned substance.

“Please note that the IAAF can confirm that it has received the results of anti-doping tests conducted during the Men’s 100m final at the 12th IAAF World Championships in Athletics, Berlin. All the test results are NEGATIVE. Please note that all the athletes involved in this final have also tested negative in all other tests carried out prior to the 100m Final,” read the IAAF statement published on August 19, 2009.

The Guyanese-born track and field agent who declined to disclose the name of the law firm handling the case, told the Observer Cubie Management is seeking to repair the damage done to his client’s image among other things.

“Financial damages is last on our list. First… would preferably be the source of what we think is a mischievous rumour that was given; the second is to repair the image damage that has been done to Mr Bailey. I mean, it was more psychological than anything else done to him,” Seegobin said.

“It prevented him from further competing for the rest of the year (because), he was so distraught over this whole situation,” he posited.

Seegobin, who also represents Jamaican sprinter Yohan Blake, said following the hearing with the Swedish Press Council, the second phase of the defamation case will see papers being filed with the Swedish Chancellor.

“The legal system is quite different in Sweden, so we’re taking it by rounds. The first round is to have the article criticised or chastised by the Swedish Press Council, and the second one would be to go to the Chancellor of Justice to have them adjudicate the case against the newspaper and the third would be us filing a lawsuit for damages against the newspaper,” he affirmed.

Seegobin further indicated that other lawsuits will be filed on behalf of Bailey and other clients of Cubie Management in other legal jurisdictions, including Jamaica.

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