Board of Control to investigate allegations of drug use during this year's ICC Trophy Tournament in Malaysia. The committee was chaired by lawyer Michael Mello and included Clevelyn Crichlow and Police Supt. Campbell Simons. In some cases, names have been misspelled in the report. The correct spelling is shown in brackets after the first reference to a person.

COMMITTEE OF INQUIRY REPORT Appointment: Mr. Edward P. Bailey, JP, Honorary President of Bermuda Cricket Board of Control (BCBC) by letter dated 1st of May, 1997 appointed the undersigned as Members of a Three Man Committee of Inquiry to inquire into allegations of drug misuse during the BCBC's 1997 International Cricket Council's Trophy Tour of Malaysia. The team left Bermuda on the 17th March and returned on the 7th April, 1997.

Terms of reference: The terms of reference of this Committee were specifically to inquire into the allegations of drug misuse by four players of the Bermuda cricket team during the Malaysia tour; namely Delano Hollis, Kevin Hurdle, Cameron Fox (Kameron Fox) and Glen (Glenn) Smith-Blakeney.

Hearing dates: The Committee met on the following dates to inquire into the matters set out under the Terms of Reference, namely, the 7th, 15th and 21st days of May and the 3rd, 12th, 19th, and 30th days of June, 1997. The Committee interviewed each of the players against whom the allegations of drug misuse were made, the team officials and officers of the BCBC, as well as made other related inquiries.

Background: The allegations of drug misuse centre around an incident at the team's hotel in Malaysia after the game between Bermuda and Scotland, which took place on Sunday, 30th March. All witnesses agreed that the loss of this match caused grave disappointment to the team members and officials. After the game, a number of players congregated in the hotel bar and night club; however, the four players in question left the other players and returned to the room of Del Hollis and Glen Smith-Blakeney. The four accused stated categorically that they were in the room burning incense (which they claimed a number of other players also did), smoking cigarettes and talking about the match against Scotland while listening to music that Del Hollis was taping for some members of the Kenyan team, whom he had met during an earlier tour.

Although the time is not specific, the incident happened some time after midnight and the early morning hours of 31st March. During this time, Clay Smith came up in the elevator from the hotel bar and upon entering the hallway was met by Germain Postlewaith (Jermaine Postlethwaite) and Roger Blades who were talking about the strong smell that was pervading the hallway and elevator area, which they thought smelled very much like marijuana. These team members concluded that the smell was coming from the closed room of Del Hollis and Glen Smith-Blakeney. At this time Roger Blades went next door to his room and telephoned the room of Del Hollis and Glen Smith-Blakeney. Roger Blades spoke to Glen Smith-Blakeney and said to him "whatever you are doing, stop it immediately''. Also about the same time, Clay Smith banged loudly on the door of Del Hollis and Glen Smith-Blakeney's room and, upon being let into the room immediately began to castigate Kevin Hurdle about his behaviour and then took Kevin back to their room (they were rooming together) and gave him a strong talking to. At this point, Del Hollis and Glen Smith-Blakeney followed Clay Smith to his room where they both strenuously denied any wrong doing.

Nothing of significance then occurred until the following morning when, sometime between 9.00 a.m. and 11.00 a.m., Del Hollis and Glen Smith-Blakeney were awakened and asked by Mr. Douglas to appear immediately before Mr.

Rudolph Lawrence (Tour Manager), Mr. Allan Douglas (Coach) and Mr. Albert Steede (Captain). When Del Hollis and Glen Smith-Blakeney arrived at Mr.

Douglas' room, Kevin Hurdle was just leaving. The team officials then questioned Del Hollis and Glen Smith-Blakeney about the incident of the previous night and were informed that the four persons in their room (including themselves) were suspected of misusing drugs. Both Del Hollis and Glen Smith-Blakeney denied any wrong doing. Del Hollis invited Mr. Douglas to drug test him and Glen if they felt they had misused drugs. This invitation was not taken up by the team officials, but subsequently the room of Del Hollis and Glen Smith was searched and nothing untoward was found.

For some unknown reason, Mr. Bailey, who was also on the tour, but not staying on the same hotel floor as the other team members and officials, was not told about the incident until three days later and, when informed, was left with the impression by the team officials that the incident was closed.

In questioning the team officials and the officers of the BCBC, it was made very clear that all team members were "preached to'' on a number of occasions prior to the tour leaving Bermuda about the strict anti-drug laws in Malaysia and the importance of not embarrassing Bermuda by engaging in any unlawful activities. We were also informed that this same squad had been on two previous tours outside of Bermuda without incident. Also each player was required to sign a "Contract Letter'' consenting to random drug testing at any time during the tour. Prior to the team leaving Bermuda, each player was medically examined by Dr. R.P. Moore for physical fitness in accordance with the International Cricket Council's standard procedures. Dr. Moore completed the medical certificate required by the ICC for players to become eligible.

Dr. Moore was not requested by the BCBC or the ICC to screen the players for drugs of any kind, however, the Committee (although unable to interview Dr.

Moore personally) was informed by his office that drug testing was possible using the King Edward VII Memorial Hospital facilities.

Findings: All of the witnesses who were privy to the incident stated to the Committee that it was their "belief'' or "suspicion'' or "feeling'' that marijuana was being used during the early hours of the morning of 30th/31st March.

However, none of the team's officials or other players who suspected drug misuse by the four accused, found any evidence whatsoever, whether of drugs or drug paraphernalia, to lead us to conclude that the four accused were misusing drugs. There were no other incidents reported by any player or team official in relation to the misuse of drugs during the tour.

Suspicions or unfounded belief in the wrong-doing of another is clearly not sufficient to support a charge of misuse of drugs. In this case there are a number of contradictory inferences which can be drawn from, and all of which are equally capable of being supported by the circumstantial evidence. Some inferences lead to the conclusion that the four accused were innocent and some lead to guilt. The following questions will illustrate: a) was the smell in the hallway and the elevator area marijuana, incense, or cigarette smoke? b) was the smell emanating from the room of Del Hollis and Glen Smith-Blakeney or from the room of another player of the Bermuda team or from the room of a team member from Singapore, Scotland, and Hong Kong, who were also located on the same floor, or did it come into the hallway from the elevator shaft? In answering these questions it is quite evident that it is possible to arrive at a number of different conclusions, all of which are equally supported by the circumstantial evidence. The law of Bermuda is very clear in such cases and requires us to draw the inference which is most favourable to the accused.

Because of the lack of any conclusive evidence upon which to base a finding that the four accused were misusing drugs, and the fact that all four accused immediately and subsequently offered plausible explanations in reply to the allegations made against them, this Committee is satisfied that it is safe to draw from the circumstantial evidence the inferences which admit to the acceptance of their explanations. For these reasons this Committee is not satisfied that the four accused were misusing drugs while on tour in Malaysia during the early morning hours of the 30th and 31st of March, 1997, as alleged.

Recommendations: This Committee has been informed that subsequent to the Malaysia tour, a new drug policy was quickly adopted and put into place by the BCBC. We have reviewed this new policy which requires team members to consent to random drug testing and sets out the policy and protocols for such testing. This new policy does not make provision for mandatory drug testing. Accordingly this Committee recommends that the BCBC: 1. ADOPT a position of ZERO TOLERANCE in relation to drug misuse.

2. STRENGTHEN its new drug policy by adopting a form of mandatory testing which requires every team member to submit to a drug screening test prior to leaving Bermuda and again immediately upon their return to Bermuda.

3. PROVIDE in its new drug policy that should any team member fail, or not submit to, drug testing both prior to and on return from a tour, that they not be eligible for any future tours until such time as the BCBC is provided with a satisfactory explanation or satisfactory test results, as the case may be, in accordance with the Athletes Assistance Program protocols set out in the new drug policy.

Dated the 30th day of June, 1997.

Michael J. Mello, QC, JP (Chairman) Superintendent Campbell Simons (Member) Clevelyn Crichlow, Esq.

(Member) INQUIRY CHAIRMAN Michael Mello DRUGS DGS