ISSA was judge, jury and executioner – Dr Crowne

EXPERIENCED SPORTS lawyer Dr Emir Crowne has accused the Inter-Secondary Schools Sports Association (ISSA) of acting as “judge, jury, and executioner” after its executive committee upheld sanctions against Jamaica College (JC) for fielding an ineligible player, Jamone Lyle, in the Manning and Walker Cup competitions.

Speaking exclusively with The Gleaner yesterday, Dr Crowne posited that the appeal amounted to “ISSA reviewing ISSA. ISSA was judge, jury, and executioner, or more properly, legislator, judge, jury, executioner, and appeal court. It wrote the rule, imposed the punishment, then reviewed and upheld its colleagues’ decision,” Dr Crowne argued.

The executive committee, which reviewed the matter from documents submitted from JC, rejected the school’s appeal in a ruling dated October 16, communicated to principal Wayne Robinson early yesterday.

The ruling stated that the disciplinary committee “clearly established and verified with the governing body of football in Jamaica, the Jamaica Football Federation (JFF), that Jamone Lyle is a professional footballer registered as such and party to a professional contract duly lodged with the JFF and playing with a professional football club (Waterhouse Football Club),” noting further that “Lyle was in breach of ISSA Amateurism Rules”, the ISSA statement read in part.

Since September 1, 2015, ISSA has barred professionals from all its competitions.

Citing Section 17C(ii)b of ISSA’s Rules and Regulations Handbook (2023), the committee stated “where an athlete is found to be ineligible for any reason other than a fraudulent birth certificate in a league competition, the school shall lose all points for games in which the ineligible athlete participated”.

It therefore “confirms the ruling that all points earned in the Manning Cup game against St Catherine High School and the Walker Cup game against Mona High School will be lost by Jamaica College”.

The committee also found that “the sanction of suspending him is justified and the executive committee supports his suspension for the 2026-2027 academic year”.

Relinquish professional status

It upheld the requirement that Lyle “first relinquish his professional status in order to regain his eligibility status”.

It also upheld JC’s suspension from the 2027 Walker Cup, saying the penalty “falls within the ambit of the committee and Jamaica College has established no grounds on which this sanction should be overturned”.

The committee noted JC’s claim that it could not have known of the change in Lyle’s status, but said his involvement with the national teams and the Premier League this season “provided ample reason for Jamaica College to ascertain his status in order to ensure compliance with ISSA’s established Amateurism Rules”.

It dismissed JC’s challenge to the disciplinary committee’s authority as “unwarranted and without merit”.

ISSA noted that Ewan Scott, George Henry, Leighton Christie and Erica Ewbanks did not take part in the appeal review because they sat on the disciplinary committee.

However, Dr Crowne argued that the ruling does not answer the questions that matter.

“ISSA says the decision is justified because its rules permit it. That does not explain whether the rule or punishment is fair, reasonable, or proportionate, especially when the rights, welfare, and future of a child are at stake,” he told The Gleaner. Lyle is 17 years old.

The ruling advised JC that “you have the right to appeal to ISSA’s Appeals Board”, where it would be heard in person with legal representation.

It reminded the Old Hope Road-based institution that the board’s decision “is binding and that, as a condition of membership of the association, members are prohibited from seeking to take the association or its representative to court”.

TROUBLING

Dr Crowne pointed out that that may be the most troubling part. “Perhaps the most troubling procedural irregularity is ISSA’s attempt to exclude the courts completely,” he said.

“Its decision ends with the admonition that, as a condition of membership of the association, members are prohibited from seeking to take the association or its representative to court,” Dr Crowne added.

“However, as far back as 1952, Lord Denning said in Lee v Showmen’s Guild of Great Britain that it is a well-known principle that parties cannot by contract oust the ordinary courts from their jurisdiction. That principle is obviously not well known to ISSA,” the Canada-based sports attorney added.