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Beach back in business

Raymond Beach

Raymond (Packy) Beach?s off-field troubles with Bermuda Council for Drug Free Sport (BCDS) are now a thing of the past.

The Devonshire Cougars goal-happy striker had his playing status reinstated late Thursday afternoon after the Ministry of Sports? Alternate Dispute Resolution (ADR) arbitration panel upheld an appeal on behalf of the player?s club hours before their Premier Division clash with Boulevard at the Den.

Beach was banned in January 2005 for three years for disposing of a second urine sample and associated paperwork and for not turning up for a third mandatory national team drugs test on the eve of Brazilian side Santos? tour of Bermuda.

Beach?s Cougars team mates Omar Butterfield and Heys Wolfe ? initially banned one year for refusing to turn up for a third national team drugs test ? were cleared to resume playing last April after the ADR upheld another appeal on the players? behalf.

Yet Beach?s ban had remained in effect until late Thursday due to the fact it was the second time the player had contravened BCDS rules, having done so previously in 1998.

Devonshire officials argued all along that BCDS testing procedures were flawed while documents obtained by indicate that several inconsistencies or irregularities did occur during the actual testing procedure which conflicted with BCDS?s standard operating procedures for drug testing athletes in Bermuda.

BCDS president Jon Beard is currently off Island while ADR secretary Helena Rawlins did not return calls to yesterday.

?It?s a hollow victory,? commented an emotional Devonshire Recreation Club secretary Ellsworth Christopher, who has backed his players from the very beginning of their much publicised ordeal.

?And the fact the matter lasted so long obviously had an impact on us and caused us to have a rethink about ever using this avenue (ADR) again unless changes are made to its composition and a time frame for decisions reached.?

After dragging their feet over the matter for eight months, the ADR ruled in favour of Beach and admonished both Bermuda Football Association (BFA) and BCDS officials for failing to attend an initial arbitration hearing last October.

However, it still remains unclear as to how the ADR arrived at the conclusion that there was never any effective ban in place prohibiting Beach ? who suited up for the Big Cats in Thursday night?s loss to Blazers ? from playing.

Just prior to being banned, Beach proved to be unstoppable, banging in 18 goals in only ten appearances. Beach is now clear to rejoin fellow team -mates Wolfe and Kwame Steede ? all players that came up through the junior ranks at nearby Dandy Town.

?As far as we are concerned the bottom line is that the ban has been lifted and we are happy it no longer exists,? Christopher added.

However, BFA president Larry Mussenden remains highly critical of the ADR?s handling of the entire matter and unclear as to how the arbitration panel arrived at their final judgement.

?The ADR are supposed to determine a dispute to its conclusion but to me it appears this ruling has actually pitted the BFA, BCDS and the club (Devonshire) against each other for yet another round of disputes,? Mussenden argued.

?And for that I am thoroughly disappointed and expect a better reason for judgement that would bring the whole matter to a close. The ADR?s ruling does not provide any reason for their decision on the merit of the case and as a result I am thoroughly disappointed with the quality of the judgement.

?I think the proper approach would have been for the ADR to state one or the other as follows: The process was flawed and these are the reasons why and therefore there should be no ban and the appeal is successful. Or they could have said the process was not flawed and these are the reasons why the ban is in place and the appeal dismissed.

?That is what a judgement ? in my view ? should have stated so that there would be no doubt in anyone?s mind.?

Mussenden ? who hopes all parties involved can go before the ADR to obtain further clarity over their ruling ? also criticised the arbitration panel for taking eight months to reach a final judgement that has paved the way for Beach to resume his football career.

But based on the lengthy amount of time it has taken the ADR to reach a judgement, the BFA chief anticipates another long drawn out process over an issue which has raised serious questions as to drug testing methods and procedures locally.

?If it took the ADR panel from June to October to actually get together and then from October to February to produce four lines, then I have very little optimism that we?re likely to meet any time soon,? Mussenden added.

?But at that particular time I hope all the parties can get together to seek clarification from the ADR.?