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Matter resolved! LABA fully reinstated -agrees to adhere to GABF decision

Oct 27, 2013 Sports

By Edison Jefford
Sober minds intervened and better judgment prevailed yesterday to ensure that the sport becomes the winner when the Linden Amateur Basketball Association (LABA) agreed to abide with those tenets of the disciplinary hearing of Dwayne ‘Sugar’ Roberts.
Kaieteur Sport understands that President of the LABA, Haslyn Graham spoke with the Guyana Amateur Basketball Federation (GABF) and an agreement that will see the Linden sub-association return to full reinstatement was forged.
The GABF had suspended the LABA for stating that it would not adhere to the ruling on Roberts that exonerated him from a six-year ban he received in January for verbally accosting the LABA Secretary, Joseph Chapman at the Mackenzie Sports Club.
“LABA has decided to adhere to the federation’s decision. As a result, we have decided that they are fully reinstated,” GABF General Secretary, Michael Burnett told this newspaper, adding that a panel had determined that Roberts had served a time that is just and fair.
“The (LABA) have accepted that and we can now move on in the interest of basketball,” Burnett said.
Chapman had been at the forefront of deliberations on the issue with the GABF, which had said that it was a conflict of interest to have him as one of the complainants at the helm of discussions on the matter. Therefore, the GABF sought to engage Graham, who rescinded an earlier decision to refute the ruling on Roberts.
The national federation had convened a disciplinary hearing for Roberts following an infraction last year where he was accused of reportedly throwing a basketball that “injured” referee, Lloyd Ross during a Retrieve Raiders versus Kings game in the BOSAI Minerals Open Challenge.
Roberts was initially banned for six months from basketball and all related activities and fined $15,000. His ban was increased to six years when he was accused of accosting Chapman at the MSC Court, after which, Roberts sought the intervention of the Federation.
The nation federation then convened an independent panel comprising of Chairperson, Attorney-at-Law, Emily Dodson, Sports Personality, Neil Barry and Guyana Defense Force, Major, Kenlloyd Roberts to hear the appeal of Roberts on May 2 this year. The panel submitted a report that found the following:
(a) Condemnation of the conflict of interest and the appearance of bias as the complaining witness, Joe Chapman, signed all of LABA’s correspondence after the December 30, 2012, hearing. Specifically “no person involved in the hearing should have any involvement in the disciplinary process… It may have been felt that Mr. Chapman had a vested interest in the outcome… He ought to have recused himself from further participation in the disciplinary process…”
(b) “There is a well-established common law concept that disciplinary procedures must satisfy the requirements of natural justice. Natural justice means fairness in all aspects, i.e. disciplinary procedures/rules must be fair, clear and transparent in the way they are set up and in their application which must also be consistent.”
(c) “The suspension for six years was felt to be grossly excessive and while sports associations must have the right to discipline those who contravene the rules, the punishment must be proportionate to the offence.”
(d) “The Committee opined that justice was not served to the Appellant and that in the interests of justice the six year suspension and the $15,000 fine against the Appellant Dwayne Roberts be and is hereby quashed. The Appellant is permitted to participate in any LABA sanctioned basketball activities after May 13, 2013.”
It was those tenets that the LABA refused to accept with Chapman citing illegality of the panel that was set up, which resulted in the Federation suspending the Linden sub-association. But all that is now history with this latest development.

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