Jeptoo lawyer quits, former coach arrested two days before CAS hearing

Tainted female marathon star, Rita Jeptoo’s lawyer quit and her former Italian coach was arrested on Monday ahead of a hearing against her two-year EPO ban at the Court for Arbitration for Sport (CAS) on Thursday.

The seismic developments in Kenya’s biggest doping case in history dealt a huge blow in her defense against world governing body, IAAF’s pursuit to have her ban extended for deliberate use of the proscribed blood booster.

Jeptoo’s faces an uphill task at having her initial two-year ban handed by Athletics Kenya (AK) in January 2015 upheld after her lawyer, Sarah Ochwada, pulled out from her case citing prejudice against her client.

Subsequently, CAS has acknowledged her withdraw advising the convicted drug cheat who is a three-time Boston and two-time Chicago marathon winner to show up for the hearing in person, through video or phone on the scheduled date.

The development comes on a day when her former coach, Italian Claudio Berardelli was arrested in his Elgon View Estate home in Eldoret and detained overnight at Naiberi Police Station on the outskirts of the town, area Officer Commanding Police Division, Taliti Shilunji confirmed.

At the same time, her former manager and Italian firm Rosa Associati Director, Federico Rosa, was interrogated at the Directorate of Criminal Investigations headquarters in Nairobi for a second day running before being asked to remain in the country.

Ms Ochwada had sought to move the hearing from Thursday saying conducting it after the Kenyan Government declared the day a public holiday to mark Idd Ul Fitr celebrations when Muslims celebrate the end of the Holy Month of Ramadhan was untenable but CAS would not reschedule.

She also outlined a raft of issues that worked against the lawyers in mounting a robust defense of her client allegedly perpetrated by the CAS panel and the IAAF.

“We respectfully remind the CAS of the myriad of violations that we have raised which have robbed Ms. Jeptoo of due process and her right to a fair hearing including: the blatant refusal by the IAAF to disclose evidence, the IAAF’s attempts at undermining Ms. Jeptoo’s evidence and witnesses, the IAAF’s attempts at shielding some of their own witnesses from cross-examination, the IAAF’s unsolicited attempts at taking over the drafting of the hearing order, the Panel’s refusal to grant Ms. Jeptoo a right of reply, the Panel’s backpedaling concerning not issuing directions for the streamlining of the hearing order, the ambiguity of Ms. Jeptoo’s legal aid order, and now CAS’ unreasonable demand to proceed with the hearing on a public holiday gazetted by the Kenyan government.

“It is a sad day for us as it is clear from the foregoing that the IAAF & the CAS have no sympathy for Ms. Jeptoo or for us as her legal representatives.

“It is for the above reasons that we can no longer proceed as pro-bono counsel in this matter,” Ms Ochwada, a Partner at Kikao Law firm wrote in the withdraw letter sent to CAS dated Monday.

In response, CAS maintained; “Ms. Jeptoo’s comments are noted, and in particular, the Panel takes note that Ms. Ochwada has withdrawn as counsel for Ms. Jeptoo. Therefore, all future correspondence will be sent solely sent to Ms. Jeptoo and Ms. Lagat.”

Anne Jenutai Lagat is the other pro bono legal counsel for the female marathon star who won back-to-back Boston and Chicago marathon titles in 2013 and 14 before she was banned by AK for two years.

It saw IAAF move to CAS to seek an extension of the ban arguing the local governing body had handed her a reduced sentence in face of the severity of using the banned blood booster in Kenya’s biggest illegal substance use bust that cast aspersions on the checkered history of the sport.

“We are greatly appalled that both the IAAF and CAS expect us to arrange for Ms. Jeptoo’s witnesses to participate at the hearing on a public holiday.

“This not only places undue pressure upon us as pro-bono legal counsel as it makes it difficult for us to carry out our duties, but it sadly also demonstrates the disrespect that the IAAF and CAS have towards Kenyan citizens.

“Two of Ms. Jeptoo’s key witnesses are Muslim, one of whom the IAAF would like to cross-examine during the hearing. It is disrespectful to impose upon them a requirement that they avail themselves for a hearing on a day of religious observance.

“The other witnesses would in no doubt prefer to use the public holiday to rest or for their own personal activities. It is unreasonable to deny them this privilege which they are entitled to by virtue of being Kenyan citizens,” part of the letter send to CAS withdrawing her services obtained by Citizen Digital complained.

Jeptoo was to appear for the hearing via a videoconference at a local university and the lawyer said the facility would not be available on a day set apart to celebrate Eid.

“The University has been gracious enough to offer us access to its video conference facilities and technical services on another day (free of charge) yet again. We cannot impose upon the University or its employees to keep their facilities open on a public holiday.

“We respectfully remind the CAS of Ms. Jeptoo’s current financial status which we have made reference to time and again; the athlete simply cannot afford to cover these unexpected expenses on her own.

“It is disheartening that the CAS has now directed that; “It is within the responsibility of Ms. Jeptoo to either attend the hearing in person or make arrangements for another office or facility to host Ms. Jeptoo and her team for the hearing.”

“It is equally unreasonable for the CAS to expect that we find other premises to host the video-conference scheduled to last from 8:30 am to 7:30 pm at such short notice, on a public holiday and without facilitation of funds,” Ms. Ochwada further stated.

There has been no official communication whether the arrest of Beradelli, who was her coach at the time when she tested positive after an out of competition test conducted in Eldoret in September 2015 and the interrogation of Federico, the son of Rosa Associati founder; Dr. Gabrielle has any ties with the Jeptoo case.

Both were present at the AK hearing into her case and distanced themselves from her involvement in the drug use and in September last year, Jeptoo speaking for the first time in the press since her ban, absolved Berardelli of any blame in the case.

The World Anti-Doping Agency put Kenya firmly under the spotlight in the aftermath of the case whose effects are being felt to date with the country still declared non-compliant to its Code.

Tags:

athletics doping Rita Jeptoo IAAF EPO Claudio Berardelli Federico Rosa

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