It’s not over

THE PAT Garel-led Beach Soccer Jamaica (BSJ) says it will appeal yesterday’s Supreme Court ruling which denied an application for the continuation of the temporary injunction barring the holding of an election by the Jamaica Football Federation (JFF).

The application was denied on the basis that the applicants, Garel and the BSJ, did not establish that they are an affiliate or member of the JFF. The injunction had forced the postponement of the January 14 JFF election.

Although the court ruled to discontinue the injunction, it set an April 23 date to hear the cases of both parties to make a final determination on whether the BSJ or the Beach Football Association (BFA) will be the legitimate representative for the sport and with the right to vote at the election.

Garel’s attorney, Hugh Wildman, said although the court lifted the injunction, the fact that the court set a date to hear the case proves that the BSJ has a strong case. However, he said it is paramount to have the injunction reinstated, as this will prevent the JFF administration from holding the election before a decision is made.

“The judge discontinued the injunction but set a date for the first hearing of the substantive claims. So, there is an issue to be tried on the claim form. We see no basis for her (judge) to discontinue the injunction because the law is clear that when you are dealing with an injunction you do not go into a mini trial to determine who you believe and what are the facts, what you accept and what you reject.

“The only purpose of the judge in this (Friday’s) exercise is to determine on the affidavit, if there is a serious case to be tried and we have demonstrated that we have more than serious issues to be tried. So, for that reason, we feel compelled to immediately appeal the ruling.

“The first judge who heard the evidence came to that conclusion that there is a serious issue to be tried. So, the federation cannot go ahead and convene a congress without the issue of membership being settled, and who are the people entitled to participate in the vote. The injunction is to prevent them from holding the elections until this matter is heard,” Wildman told The Gleaner.

According to Garel, the BSJ was hoping to file the appeal yesterday, but that was not possible. However, Wildman said they will be submitting their appeal documents first thing Monday morning.

“We are finishing up everything right now. We are hoping that the Court of Appeal can hear it sometime next week because we don’t want them to convene the election before the case is tried. We have a very good case. One judge heard it and said we have a good case to be tried. So, we are very confident about it,” he continued.

“The claim is where you determine the final issues, and that was not before the court today. What was before the court is if the injunction should continue. One (judge) granted it and another lifted it. So, we are going to the Court of Appeal to determine it finally.”

BSJ president, Garel, pointed to the litany of irregularities that she said compromised the process leading up the election and insists she will be fighting for her organisation’s rights to the very end.

JFF general secretary, Dennis Chung, said the JFF board was looking to decide on a new election date very soon.

“It is up to the board to decide. I couldn’t say. Only the president could answer that. But right now, the most important thing is that FIFA wants the election to happen, and we have a responsibility to make sure it happens soon,” he said.

He continued: “We are happy that this is over so the members can have their day. It’s about the members of congress and at the end of the day, we want to ensure that the members have their franchise and therefore it is important that this happens.”

livingston.scott@gleanerjm.com