‘No alarm bells’…Simpson relying on mitigating circumstances at hearing

Jan 09, 2014 Sports

---

 

Jamaica Observer – ATHENS Olympics 4X100m relay gold medallist Sherone Simpson is relying on mitigating circumstances, even as she identified an Epiphany D1 supplement as the cause for her positive drug test during the opening day of a scheduled two-day hearing before a Jamaica Anti-Doping Commission (JADCO) disciplinary panel at the Jamaica Conference Centre Tuesday.
While the 2006 Commonwealth Games 200m champion said she didn’t knowingly take the banned substance, as she researched the unknown supplement thoroughly, Lackston Robinson, JADCO’s attorney, argued that she was “significantly negligent” and could not rely on mitigating circumstances in her defence.

The supplement Epiphany D1 was identified as the product that triggered her adverse analytical finding last June at the National Championships, despite what she claimed was thorough research on the World Anti-Doping Agency (WADA) banned list.
According to Simpson, she was given a number of supplements by Canadian physical trainer Chris Xuereb and being familiar with most except Epiphany D1, she went online for nearly three hours before taking it.
“I Googled the Epiphany D1 on the WADA banned list and saw nothing on the bottle which appeared on the WADA list. No alarm bell. No red flag,” said Simpson. “I double-checked with a banned substance and typed it in and it brought me back to the banned list,” she explained.
But Robinson was not satisfied that Simpson was sufficiently responsible and asked her to take him through the procedure which led to the consumption of the supplements.
“Is it that what you do is sufficient? Robinson asked repeatedly as Simpson stuck to her answer. “I did all I could,” she said in a raised tone. “I see that as a refusal to answer the question,” said Robinson.
“We will contend that the respondent was significantly negligent, therefore she cannot satisfy the requirements of articles 10.4 and 10.5.2. Therefore she cannot rely on the provisions of article 10.4 and 10.5.2 in the mitigation of sanctions.”
Simpson, who returned a positive analytical finding for a stimulant, oxilofrine, last June, along with then training partner Asafa Powell, revealed that she had actually parted company with Xuereb at some stage prior to the National Championships.
“For the simple reason he was getting too friendly,” Simpson explained while under cross-examination. “I had trusted Chris.
He was helpful with my hamstring injury. My circle is small and I got to trust him and accepted him… I was comfortable with him,” she noted.
According to Simpson, she saw Xuereb, while she was training at the Stadium East field, attending to Asafa Powell on May 13, then officially met him three days later and he started assisting with her injury.
Having been consuming supplements since 2003, she was unfamiliar with Epiphany D1 and did her research which caused no alarm. But Robinson was relentless in trying to punch holes into Simpson’s testimony.
He even suggested that on several occasions her testimony differed from her initial statements.
He also questioned why she failed to identify that supplement on the doping control form prior to her drugs test.
The athlete replied that it was relatively new to her and she didn’t remember it at the time. Robinson also suggested that she could have taken the substance to a doctor and have consultation with JADCO or members of the JAAA before taking the product.
During cross-examination, Simpson revealed she had never attended a drug seminar for one reason or another, because she was either away of competing.
“Are you aware that supplements may be contaminated by prohibited substances. If they are, would you agree with me that you would not find that on the ingredient list?,” asked Robinson. Simpson agreed, with some hesitation, then Robinson threw his next piercing question.
“So you are willing to take the risk?” “I did all I could to check the supplement,” was Simpson is recurring answer. “You are determined to stonewall,” Robinson rebutted.
“I am not a cheat, when I got the call that I got a positive test I said that it may have been from something that Chris had given me. I cried because I did so many tests before and none came back positive,” said Simpson, as her voice cracked up.
The hearing was halted at 3:45 pm and will resume today at 10:00 am with Simpson still under cross-examination by Robinson.
It appears that the two-day trial could be extended, as the JADCO three-member disciplinary panel, comprising chairman Lennox Gayle, Dr Jephthah Ford, and former FIFA referee Peter Prendergast, awaits a report from a lab in Kentucky, USA, which the defence claims proved that the Epiphany D1 supplement contains the banned substance oxilofrine.
Former MVP teammate Asafa Powell, and agent Paul Doyle were expected to take the stand yesterday as witnesses for Simpson.

---

---