National Basketball Team wins appeal and keeps silver

godfrey smith

A major and favorable decision was received today by the Belize Basketball Federation which puts to rest the challenge to the nationality of members of the national team that brought home the silver in last year’s regional games. News Five Jose Sanchez found out today that the Court of Arbitration for Sports has set aside an earlier ruling by FIBA.

Jose Sanchez, Reporting

It has been a long journey for the National Basketball Team since the COCABA games were held in Cancun in August of 2009. After winning silver, the team and the Belize Basketball Federation through its lawyers, had to fight to keep the victory. First four players were disqualified, and the FIBA appeals tribunal rejected the B.B.F.’s appeal. But instead of giving up, the B.B.F. took its appeal to the highest body, the Court of Arbitration. The decision in the team’s favor was delivered today.

Godfrey Smith, Attorney for B.B.F.

“We were faxed the decision of the Court of Arbitration for Sport this morning and basically they agreed with the Belize Basketball Federation that the decision of the FIBA tribunal was wrong. They reversed that decision, they had said that the basketball players in question are entitled to play and properly played, that they were not sporting mercenaries or basketball mercenaries, that the B.B.F. did not abuse the law or any of its entitlements, that the FIBA, the International Basketball Federation should pay the cost of arbitration as well as the legal cost and legal fees. So it was obviously for the Belize Basketball Federation, a very good judgment. They feel obviously vindication because they held the position from the very beginning that the Belizean players, our players, were entitled to play in that competition.”

Because they were entitled to play in the COCABA games, it means the team can truly enjoy the moment in August when they brought home the silver cup and medals.

Kevin Siroki, Head Coach, Belizean Heritage (Aug 17, 2009)

“Every one of those players showed true Belizean blood and true Belizean pride and I appreciate every one of them. We’re fourteen strong and we’re gonna get better and next year we’re gonna show everybody what Belize is made of and we’re gonna be a power in the whole region here. And you guys out there, the fans, and the players and everybody out there I just want to thank you all. Keep supporting us and keep doing our best. Thank you very much.”

But FIBA did not like being forced by the B.B.F. to have the case heard at the Court of Arbitration in Switzerland, a higher body.  So it made a move prior to the judgment blocking future appeals to the Court of Arbitration.

Godfrey Smith

“I certainly saw a note coming from FIBA shortly before we left for Switzerland to appear before Court of Arbitration for Sports.  And the effect of that notice to all the national federations was that future appeals to the Court of Arbitration for Sports will no longer be allowed. I haven’t had the time to examine or I haven’t been asked to examine the legality of that. If it is so, it means that once FIBA makes a decision and once the FIBA Tribunal rules, you can’t appeal from that to the Court of Arbitration for Sport as we did, so that the practical effect of that is that let’s say something else comes up in the future, we challenge it, it would stop at a one man arbitration panel, FIBA arbitration panel, rather than having the opportunity to appeal to a three person panel that is higher than FIBA. They officially came second and the players can move on to play I believe it is the Centro Basket scheduled for sometime in July in the Dominican Republic.”

Reporting for News Five, Jose Sanchez.

BBF is holding a press conference this Wednesday. Smith said the BBF should be commended for pursuing the case all the way to the Court of Arbitration even though some felt the case would fail. According to the judgment, FIBA will bear the cost of the court proceedings.