The T&T Gymnastics Federation has lost in its bid to have gymnast Thema Williams’ multi-million dollar lawsuit against it struck out before it even reaches to trial.
Delivering an eight-page written decision in the Port-of-Spain High Court yesterday morning, Justice Frank Seepersad dismissed the federation’s application for a stay of the lawsuit in which Williams is seeking $11.38 million in compensation.
As a result of the decision Williams’ substantive lawsuit will continue before Seepersad
The federation was alleging that both its bye laws and athlete contracts prescribes that arbitration be used to resolve all internal disputes, and should be used in Williams’ case as opposed to the lawsuit before Seepersad.
However, Seepersad ruled that the clauses prescribing arbitration were imprecise and could not be considered as an effective dispute resolution provision. He also ruled that based on Williams’ complaints against the federation and its officials, it would be unlikely that she would be given a fair hearing before the federation’s disciplinary committee.
“Given the nature of Williams’ complaints, the Court has deep rooted concerns as to whether any dispute resolution process as outline by the federation would be fair, independent and impartial,” he said.
Seepersad also ruled that the disciplinary committee would be unable to arbitrate over some of Williams’ allegations made in her lawsuit.
“Even if some of Williams’ complaints could have been resolved via dispute resolution, other aspects of her claim cannot be adequately addressed via the said process and it would be appropriate to subject her to two set of proceedings in circumstance where all her complaints stem from the same fundamental factual matrix,” Seepersad said.
Seepersad also noted that the there were strong public interest in the case due to national interest in sport.
“There is, therefore, a very evident public interest concern in this matter and the selection process for representation at the Olympics is an issue that extends beyond the insular concerns of the parties to this matter and is one in which every citizen has a vested interest,” he said.
The lawsuit has been filed against the federation and four of its executives, in their individual capacity. The officials are David Marquez, Akil Wattley, Ricardo and Donna Lue Shue.
As part of his ruling, Seepersad ordered the federation to pay Williams’ legal fees for defending against the procedural application as it and not its officers raised the preliminary point.
The controversial dispute between the athlete and the federation began after Williams was replaced by Marissa Dick to represent this country at the Olympic Test Event at Rio de Janeiro event in April. Her initial selection was based on her performance at the World Artistic Gymnastics Championship in Glasgow, Scotland on October 23, 2015, where she placed higher than Dick.
Williams claimed that her coach John Geddert was informed by the federation that she was withdrawn because she was injured, a claim which she denies. Alternate athlete Dick was selected to participate in the event instead and eventually qualified becoming the first person to represent T&T in gymnastics at the Olympics.
In her claim for damages, Williams is claiming compensation for her “loss of opportunity” and damage to her personal and professional reputation allegedly caused by the “harsh and oppressive” actions of the federation’s executive.
Her attorneys are contending that by failing to be given an opportunity to qualify for the last year’s Olympics in Rio de Janeiro in Brazil, she suffered a huge loss of opportunity of endorsements, motivational speaking engagements and repeated business opportunities as well as a full scholarship to the Michigan State University, which she forewent in her bid to represent T&T at event.
Williams is being represented by Martin Daly, SC, and Keith Scotland, while Justin Junkere is representing the federation. Ramesh Lawrence Maharaj, SC, and Ronnie Bissessar are representing the four executives.