CAS 2012/A/2696 Steve Mullings v. Jamaican Anti-Doping Commission (JADCO), order of 4 May 2012
Related cases:
CAS 2012/A/2696 Steve Mullings vs JADCO (2013-03-04)
March 4, 2013
JADCO 2011 JADCO vs Steve Mullings
November 21, 2011
Athletics
Request for legal aid
Conditions for granting legal aid
In application of the general principles of law, legal aid shall be granted to any natural person who requests it, provided that his/her income and capital are not sufficient to allow him/her to cover the costs of proceedings before CAS without drawing on that part of his/her assets necessary to support him/herself. The applicant shall however establish that his/her claim has a legal basis and that he/she would have begun the proceedings at his/her own expenses.
On 21 November 2011 the Jamaica Anti-Doping Commission (JADCO) Disciplinary Panel decided on 21 November 2011 to impose a lifetime period of ineligibility on the Athlete for his second violation after his A and B samples tested positive for the prohibited substance furosemide.
Hereafter in December 2011 the Athlete appealed the JADCO decision with the Court of Arbitration for Sport (CAS).
In addition in January 2012 the Athlete also filed a Legal Aid Application to the CAS Court Office.
The President finds that on the basis of the evidence submitted with the request for legal aid, it appears that the Athlete’s income is not sufficient to allow him to cover the costs of proceedings before the
CAS without drawing on that part of his assets necessary to support him and his family.
The ICAS President rules that the grounds of the appeal filed by Steve Mullings have a legal basis and it is accepted that the proceedings would be pursued by a reasonable litigant conducting his case at his own expense.
Therefore the President of the International Council of Arbitration for Sport decides on 4 May 2012:
1.) Grants legal aid to Steve Mullings in the procedure CAS 2011/A/2696 Steve Mullings v. Jamaican Anti-Doping Commission (JADCO) as follows:
a.) To bear the totality of the arbitration costs, if any, that the Athlete would be ordered to pay by the CAS at the end of the procedure, including the CHF 1,000 Court Office Fee which will be reimbursed, in due course;
b.) To bear the Applicant’s own travel and accommodation costs in connection with any CAS hearing up to a maximum amount of CHF 2,500.
2.) Declares that the present order is pronounced without costs.
