Jamaican men’s discus record holder Jason Morgan is not giving up on his quest to compete in the Rio Olympics that is set to start in a few days’ time.

In a move to get his dream back on track, he has brought an appeal before the ad hoc sitting of the Court of Arbitration for Sports (CAS) in Rio.

The appeal was filed on Morgan’s behalf yesterday by noted sports law attorney Dr Emir Crowne, and the case is expected to be heard by midday Rio de Janeiro time (10:00 am Jamaican time) today, according to documents attained by the Jamaica Observer.

Morgan, who qualified for the Rio Olympics after he threw the existing national record 68.19m at a meeting in Pearl, Mississippi, on June 6 last year, was left off the list of 59 athletes named by the Jamaica Athletics Administrative Association (JAAA) just over three weeks ago.

The 32-year-old Morgan is seeking to have the decision overturned and has secured the services of Crowne, who has represented other Jamaican athletes in the past, including sprinter Yohan Blake and discus thrower Traves Smikle.

It is understood that on July 22, in response to an e-mail from Crowne re Morgan’s inclusion in the team, a response from the JAAA’s legal representatives said: “We wish to advise that our instructions are that the date for final entries for athletics to be submitted was July 18th, 2016. As your client was not one of the athletes selected his name was not submitted as an entrant. The membership of the team would therefore be final.”

The JAAA has been named as a party to the suit, while the Jamaica Olympic Association (JOA) and the International Association of Athletics Federations (IAAF), the sport’s ruling body, have been named as interested parties.

The three-member panel, headed by Justice Catherine Anne Davani of Papua New Guinea, includes Andrea Carska-Sheppard of Slovakia/Canada and Margarita Echeverria of Costa Rica.

According to the Procedural Directions outlined, “in accordance with Article 15 lit b of the CAS ad hoc rules, the panel grants a deadline until 2 August 2016 at noon (Rio de Janeiro time) to the respondent to file its reply to the applicant’s application, they deem necessary. Within the same deadline, the interested parties may file amicus curiae brief.”

Additionally, the CAS document said: “The parties are invited to inform the CAS Court office by 2 August 2016 at noon whether they consider necessary a hearing in this matter. Notwithstanding, it will be for the panel to finally decide whether a hearing is necessary to be held.”

The

Observer understands that the ad hoc sitting of CAS in Rio, which was initially set up to hear appeals of athletes banned from the Games by the IOC, has waived all charges for these hearings and responses are expected in a 24-hour period if they chose to accept the case.

Ordinarily, a minimum fee of one thousand Swiss Francs (approximately J$132,000) is charged for each case that goes to CAS.

Contacted yesterday, Morgan, who was in the middle of a workout, said he was “still hopeful” he would be in Rio in time for the start of the men’s discus throw, which will be on the first day of track and field competition on August 12.

The thrower, who has a season’s best 63.11m and was fourth at the JAAA National Senior Championships with 59.08m, has indicated that he will fight to save his Olympic dreams.

“I can’t roll over and drown in disappointment, so I have to fight with all my might,” Morgan said.

The athlete said his lawyer is ready to stand and fight with him. “He always advises me to stay hopeful and faithful… my lawyer told me he would not give up so easy.”

Three weeks ago, days after JAAA had named the 59-member team to the Games minus Morgan, President Dr Warren Blake had confirmed that they have received notification from lawyers representing Morgan that they intend to appeal his non-selection to CAS.

Blake had told the Observer then that they had received the letter and was now “awaiting service of court documents”.

“If they are taking us to court, then they must serve us with papers,” Blake had said.

Blake offered to explain the likely reason for Morgan’s omission.

“Jason’s history is that he only throws the qualifying distance at one meet and he never repeats. He never even comes within the zone,” said Dr Blake.

“He didn’t come within the top three, so he has no automatic place on the team. He only throws the qualifying standard at a particular meet early in the season and he never repeats himself, so it was the view of the selection committee that he should not be chosen,” he added.

Morgan suffered broken metatarsal bones in his foot, earlier this year, interrupting his preparation, and told the Observer yesterday he had purchased a machine costing US$1,500 to hasten the healing process.

Fedrick Dacres, who has the fourth-best throw in the world so far this year, 68.02m, and won at Trials with 62.27m, is the only man selected to contest the discus throw in Rio.

Morgan had thrown over 63.00m just once this year with 60.31m at a meet in Germany then 61.87m and 53.42m at meets in the US before placing seventh at the Racers Grand Prix in mid-June with 57.63m before his 59.08m at the Senior Championships.