Judge urges JCA to reform rules
THE Supreme Court has upheld a ruling by the Jamaica Cricket Association (JCA) regarding the use of an ineligible player, but has urged the local body to reform their laws.
The local cricketing body scored a major win in the courts last Thursday after affiliated bodies St Catherine Cricket Club and Melbourne CC jointly contested the legitimacy of a 2009 decision.
The protracted issue surrounds last season’s Super League champions Manchester Cricket Association (MCA), who received a $300,000 fine-only penalty after it was discovered that Kensington batsman Maurice Kepple was ineligible to represent them.
But the ruling was rejected by St Catherine and Melbourne, both contending that the clause that speaks to such a breach calls for points to be deducted, which essentially would deny Manchester from lifting the coveted cup.
According to JCA’s rules governing transfer: “Should any club/parish be found guilty of a breach of this rule, then such a club/parish shall suffer a loss of any points gained in the match in which the breach was committed and/or may be fined.”
In her 27-page judgement, Justice Ingrid Mangatal took into great consideration the Memorandum of Association by which the JCA is the final arbiter in any decision-making, including transfer rules, and the fact that only the aggrieved party, in this case Manchester, has the right to an appeal.
Justice Mangatal noted, however, that it was time the JCA reform its own rules so as to eliminate grey areas in the law, and refused to granting them permission to reclaim legal costs from the claimants.
“It is plain that Rule One has not been drafted in the clearest of terms. Indeed, it leaves scope for intelligent, informed persons — such as the parties in this case — to disagree. Its meaning is obscure. It seems to me that my task in those circumstances is to arrive at a meaning which does the least damage to the actual language used in the rule,” she wrote.
“In my view, the JCA and its members should consider amending Rule One to achieve the desired clarity. In other words, the amendment should make the intended discretion clear.”
In its own ruling, the JCA said Manchester had no “dishonourable motive” to play Kepple, who is registered to Kensington CC, and “given the delay in arriving at and communicating a ruling on the matter”, points could not be deducted.
The JCA subsequently barred Kepple from representing Manchester, which saw the former Jamaica batsman missing the seventh and final round of last season’s competition.
Both claimants, who were within striking distance of the title, found the Board’s decision quite baffling as Kepple had played in every match before being barred.
With the issue finally put to rest, JCA president Paul Campbell is relieved at the outcome.
“We’re happy that the matter is now settled. We can now focus our energies into developing cricket and work together towards the benefit of cricket,” he said, noting that the rules are presently being reviewed.
Though disappointed at the outcome, treasurer of St Catherine CC, Nicole Francis, said “The only loss would have been not to have fought at all.
“Let’s hope the JCA will heed the judge’s advice and revisit those rules for the sake of good governance and reflect carefully on the circumstances why she refused to grant them costs,” Francis added.
Meanwhile, the outcome could have far-reaching implications for Campbell, who will be seeking re-election later this year.
Campbell defeated former West Indies fast bowler Courtney Walsh by 50-47 votes to win the presidency of the JCA in 2008.