The following article was first published in the Trinidad And Tobago Express on Wednesday 13th November, 2019.
You can read the entire article on their website HERE.
THERE’S hope still for the Quincy Wilson vs National Association of Athletics Administrations of Trinidad and Tobago (NAAATT) case to be settled outside of the high court.
On Monday, Wilson’s legal teamsports lawyer Dr Emir Crowne, Matthew Gayle, Kerrina Samdeo, Jason Jones and Crystal Paul – initiated litigation against the NAAATT. According to the statement of case, a knee injury sustained by Wilson on July 28 during the 2019 NGC NAAA Open Track and Field Championship men’s discus event was ’caused by the negligence of the Defendant’.
(l to r) Jason Jones, Dr. Emir Crowne, Matthew Gayle, Crystal Paul © 2019 NEW CITY CHAMBERS
The statement of case claimed that the discus circle was ‘painted and/or covered using the wrong substance causing it to be slippery’. Wilson fell while attempting his fifth throw, and sustained a ‘meniscal tear on his right knee’.
In earlier communication with Wilson’s legal team, sports lawyer J Tyrone Marcus, acting on behalf of the NAAATT, proposed mediation to settle the matter. Marcus told the Express, yesterday, the way forward is dependent on Wilson’s lawyers.
‘I have not received a reply from them in terms of that outreach. In as much as I’m a lawyer, I also wear a mediator hat. I’m a strong believer in mediation in the sports industry in view of the dark history of damage that has been done to relationships as a result of litigation. With next year being an Olympic year, to have an athlete and a governing body in court just isn’t the best option.
‘It is my hope,’ Marcus continued, ‘that if there are outstanding issues, they can be worked out face to face in a non-contentious environment. The goal is to have the best possible Olympic team, and my client has no interest or desire to make it difficult for any athlete.’
Quincy Wilson, National Record Holder Discus Champion. Copyright 2019 Trinidad & Tobago Express Newspaper
Wilson is a nine-time national senior men’s discus champion and is also the national record holder in the event with a 59.65 metres throw. The 28-year-old athlete won his ninth title in 2019, landing the implement 52.82m. He produced the winning throw in round one, but fell in round five, sustaining the injury that has prevented him from beginning preparations for the 2020 season.
Crowne told the Express he is not averse to mediation. ‘Court action does not foreclose mediation, but it puts pressure on them to have meaningful mediation.’ Gayle concurred. ‘I remain optimistic that the matter can be resolved without need to take litigation too much further. The difficulty is that no substantial response has been received to the pre-action letter sent to the NAAA. My opinion is that the association’s response has not been urgent. If our latest move doesn’t spark them into action, they will have the assistance of the court.
‘We are open and willing to discuss,’ Gayle continued, ‘but we’re now on a timeline from the court. The association has eight days to submit a notice of intention to defend. They will then have 20 days to file a substantive defence. They can settle even before the 28 days run out. If not, they will have to file their defence and explain their actions to the court.’
Gayle said he has a responsibility to safeguard Wilson in his time of need. ‘There is a concern about Quincy’s level of trauma. The mental health of athletes ought to be a primary concern of national sporting organisations, and in this case it does not appear to be so. It is a primary concern of ours as his legal representatives. I would hope that by filing, we can help focus the minds of the executive on the need to take care of the mental health of their athletes.’
Crowne agreed that mental health issues cannot be taken lightly. ‘I have had a client who locked himself in for seven days to try to kill himself. The way federations treat athletes and their mental health has been largely overlooked in the region. In some instances, we’re talking about proud West Indian male athletes,’ Crowne ended. ‘It is something that has to be addressed.’
