FIBA changes the rule on basketball hearings

Godfrey Smith

The days are counting down to the judgment that the National Basketball team has been waiting on ever since it competed in the COCABA games in Cancun last year.  In August of 2009, the team won silver, but the international Basketball Federation (FIBA) claimed that some of the players did not receive their Belizean citizenship by the age of sixteen, which under FIBA regulations disqualifies them from playing for Belize.  So as a result, Herbert Allen, Dakin Braddik, Charlie Burgess and Kyron Stokes were disqualified and the FIBA Appeals tribunal subsequently ruled against Belize.  The Belize Basketball Federation did not give up and took the case to a higher ruling body, the Court of Arbitration for Sports (CAS). CAS’s decision about the team’s status should be made next week Thursday. But it appears that FIBA did not appreciate having to contend with the Court of Arbitration. So, in a calculated move, it has since amended its regulations.  According to BBF’s attorney, Godfrey Smith, in the future Belize would no longer be able to seek justice from the Court of Arbitration.

Godfrey Smith, Attorney for Belize Basketball Federation

“FIBA was informing member states that there is a new amendment to the FIBA regulation and that in the future once the FIBA appeals tribunal makes a ruling, you will not be able to appeal it as Belize is currently appealing a FIBA decision to the Court of Arbitration for Sports. They are now signaling to other national basketball federations countrywide, that look in the future once we FIBA appeals tribunal makes a decision, you can’t appeal it further than that.”

Jose Sanchez

“Do you think it’s a direct response to the case that Belize has right now?”

Godfrey Smith

“Yes, this is the only case that’s currently before the court of Arbitration for sports as it affects FIBA and basketball. I personally know that it has been of putting for FIBA to have to be grappling with this and it seems to be a direct result of the Belize case:”

Jose Sanchez

“Does the amendment have any bearing on the outcome of the case?”

Godfrey Smith

“No, I can’t see how it does. I read that to mean that in the future after this case, countries will no longer be able to appeal to the world court, so to speak, for sort a decision from the FIBA tribunal. The case comes up on Thursday twenty-fifth of March. I’m not sure how quickly after that the decision will be rendered.”

The outcome of the case will determine if Belize can continue along a path that would lead to the 2012 Olympic Games in London.  And as we mentioned before, the case will be heard in Switzerland on March twenty fifth. We will report on that judgment as soon as it is announced.