JFF orders Hue to withdraw civil suit or face sanctions
Finally, the JFF has responded to the civil suit filed by Jermaine Hue, but the letter written to the player yesterday was ordering the Jamaica international to withdraw the action “within 48 hours” of receipt, or possibly face sanctions.
When reached yesterday, Jerome Spencer, attorney from the law firm Patterson Mair and Hamilton, which is acting for Hue, said he had not seen the letter of response from the JFF, therefore he could not comment.
But he was prepared to say that his instruction from the client has not changed and the matter “will be settled in the Supreme Court”.
The Jamaica Observer was unable to reach JFF president Captain Horace Burrell or general secretary Raymond Grant yesterday as both were said to be in a meeting.
Hue has executed a civil suit against the local governing body and former team doctor Fraser in the aim of recovering money he deemed he lost or failed to earn during his nine-month FIFA-imposed suspension for a failed drug test during Jamaica’s World Cup-qualifying match against Honduras in that country on June, 11, 2013.
The FIFA ban was imposed on the gifted player on September 26, 2013 and expired on May 6 this year.
Fraser, meantime, received a four-year sanction, which will keep him exiled from the game until August 6, 2017.
A JFF press release yesterday was pointed when it appeared to threaten action if Hue failed to comply.
“Finally the JFF indicated that if proof of withdrawal is not forthcoming in the specified time, the Federation would have no other option but to submit the matter to the relevant authorities within the JFF for its consideration and decision,” the release noted.
In its release concerning the letter written to the player yesterday, the JFF pointed to “the provisions of the Jamaica Football Federation By Laws as well as the JFF Player Contract”, (signed by Hue) which “explicitly incorporates a protocol for the settlement of grievances and enshrines the procedure as set out in the FIFA statutes in which, as a general rule, recourse to ordinary courts of law is prohibited”.
While Hue, who remains a registered player in Jamaica, may face further FIFA sanction if remains adamant in carrying out his action, there seems to be nothing from a legal standpoint that can prevent from seeking redress in the Jamaican courts.
Based on FIFA statutes addressing the issue, servants or agents of the game are prohibited from seeking settlement in ordinary courts of law “unless specifically provided for in the FIFA regulations”, which clearly make no such provisions for this manner of recourse.
Hue, a Harbour View FC star, is seeking financial compensation for purported loss of income incurred during his nine-month ban arising out of a failed drug test after team doctor Fraser administered the banned drug, dexamethasone.
Hue’s suit is being led by attorney Ransford Braham, under the instruction of law firm Patterson Mair and Hamilton.
Hue is believed to be seeking to recover loss of earnings totalling US$12,500 for the period August to December 2013, when he was said to be set to represent El Salvador club CD Auguila.
Also, he is said to be demanding J$425,000 as lost earnings from non-appearance for Harbour View Football Club from January to May 2014.
Hue also included loss of potential earnings from Jamaica’s last four qualifiers for the 2014 World Cup and that sum was put at J$240,000 and US$200.
The claim also included an undetermined loss of earnings from friendly matches against Trinidad & Tobago on November 15 and 19, 2013.
The Jamaica Observer has learnt that the suit involved most of the above, plus other demands that include a claim of US$10,000, which the player states was a loan from a relative to cover his living expenses while he was unable to earn from the game.
Hue, a silky-smooth attacking midfielder, has 42 caps and 12 goals for Jamaica’s senior national team in a career that started in 1999. But the former St Thomas Technical High School standout has never been a constant feature, even as his rare qualities were glaringly missing from numerous Reggae Boyz set-ups.