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Forbes doping ban appeal dismissed
Simone Forbes in action against Australia
Sports
BY DANIA BOGLE Observer staff reporter bogled@jamaicaobserver.com  
May 25, 2011

Forbes doping ban appeal dismissed

FORMER national netball captain Simone Forbes today had her appeal against a three-month doping ban dismissed and the suspension upheld by a four member appeals tribunal of the Jamaica Anti-doping Commission (JADCo).

At a hearing at the Institute of Jamaica on East Street in Kingston, the appeals committee of vice chairman Justice Wesley James, Yvonne Kong, Senior Deputy of Public Prosecutions Lisa Palmer Hamilton, and Dr Mark Minott decided that Forbes was negligent in not ensuring that no prohibited substance entered her body and allowed a three month suspension by JADCo Disciplinary Panel of Kent Gammon, Juliet Cuthbert, and Dr Peter Charles, to stand.

“We agreed that the appellant did not ingest the substance with the intention to enhance any performance but we cannot overlook that… she had a responsibility to check the WADA list,” James stated.

On April 18 Forbes was found guilty of a anti-doping rule violation and handed the ban for testing positive for the prohibited substance Clomiphene during an out of competition test on March 28, 2011.

The ban would end on July 18, seven days after the conclusion of the 2011 World Netball Championships in Singapore.

Forbes’ attorney, K Churchill Neita submitted evidence of the athlete’s exemplary record  as a national player, a character reference from Jamaica Netball Association president, Marva Bernard, and affidavits from individuals who had come in close contact with Forbes as a case for the reduction of the sentence from a ban to a reprimand.

“Jamaica has not won a medal since 2000 when Forbes was not a member of that team,” he posited.

“Simone Forbes came from very humble origins … Her career has been illustrious… her career has been inglorious and she doesn’t want it to end in an inglorious manner.”

JADCo attorney, deputy solicitor general, Lackston Robinson, argued that Forbes was at least partly at fault for the positive finding and that since there was fault the sentence was appropriate.

In addition, he submitted that the Appeals Tribunal could only interfere with the ruling if there was no foundation or basis for the sentence or if they acted without jurisdiction which he argued they did not.

Meanwhile, Forbes was remorseful as she confirmed to the Observer that this was the end of her international career, as she had intended to retire after July’s World Championships.

“I’m disappointed but life goes on. I didn’t want it to end this way but it is going to. I will still play in the Berger League but in terms of the national programme I have officially hung up my sneakers,” she said.

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