TTCF lawyers seek amicable solution

ATTORNEYS representing the TT Cycling Federation (TTCF) are intent on achieving a peaceful resolve to Njisane Phillip’s unapproved taking of five new Mavic wheels from the National Cycling Centre (NCC) in Couva.

On December 23, 2019, the two-time Olympian took into his possession two rear disk, two front disk and an iO five spoke, valued at US$15,600, from the NCC office of then technical director for cycling Erin Hartwell.

Hartwell, who also served as national coach at that time, told Phillip not to remove the wheels and reminded him the equipment belonged to the TTCF and was procured for use by national athletes through the Sport and Cultural Fund grant.

Phillip, however, went ahead and took the wheels. The next day, the cyclist sent a letter to TTCF explaining his actions and said that he planned to use the wheels to continue to train.

He also indicated that the TT cycling team had previously been using his wheels, his personal property, for training and competition over the past two years, all of which were eventually destroyed.

Phillip also gave two of the wheels to compatriot Keron Bramble, who also claimed he would be using them “for training purposes.”

On December 27, Hartwell reported Phillip’s actions to Sport Company of TT (SporTT) and the local cycling fraternity.

After receiving Hartwell’s report, TTCF’s racing committee chairman Joseph Roberts and assistant racing secretary David Francis said they met with Phillip to appeal for the return of the wheels.

On January 31, 2020, racing secretary Jacqui Corbin contacted Phillip with another request to return TTCF’s property by or before February 4. TTCF also reached out to Phillip’s local club (Rigtech Sonics) president David Voisin “in hopes that an amicable resolution of this matter would be forthcoming.”

On September 18, TTCF issued a pre-action protocol letter to the national cyclist requesting the immediate return of the wheels.

The legal letter, which was sent by attorney Adriana Marine of Virtus Chambers in Port of Spain, demanded Phillip return the wheels “in the condition in which they were taken, that is, new.”

If the 29-year-old speedster is unable to do so, he can, alternatively, pay the US$15,600 value of the wheels.

Additionally, Phillip was also asked to pay the TTCF’s legal costs to date, which amounts to $TT7,500.

The multiple-time national sprint champion was required to issue a response to TTCF’s legal team within 28 days or legal proceedings will commence.

Marine’s letter stated Phillip “knowingly misappropriated, with the intention to deprive the TTCF, of property belonging to the TTCF.

The property was that of the TTCF and it was solely within the remit of the TTCF to determine how and when its own property would be utilised.”

The letter said notwithstanding Phillip’s claim that his wheels were used for free by national cyclists for two years, he had no legal right to seize TTCF property as compensation.

To date, the equipment has not been returned to TTCF.

Phillip’s lawyers did communicate a response to TTCF’s legal team within the stipulated time.

However, TTCF attorney Keith Scotland is working towards securing a balanced conclusion between the two parties, all in the interest of sport.

According to Scotland, he does not want the matter to escalate into a major legal battle and is working towards securing a balanced conclusion.

“The attorneys representing Njisane have replied and we are looking into it. We must do what we have to do but we don’t want to be involved in any embroil. We would try, at the first instance, because the federation wants to act in the overall interest of the sport, we are going to be responsible attorneys.

“If we can avoid the matter escalating we will do our best to do so whilst acting in the interest of our client.

“We are being cautious and we don’t want to act in any other manner than an even-handed and sober manner. That is why we are taking our time. We will review the reply by the attorneys-at-law,” said Scotland on Wednesday.

The veteran attorney also indicated that there are still some other parties to be served with legal letters in this regard.

Their forthcoming responses will then initiate a general response from Scotland’s legal team which also includes attorney Asha Watkins-Montserrin.

“We will serve the other parties who need to be served with their letters and then we will see what the responses are and then do one global reply.

“We’ll take a global action on all those who have written and all the replies will follow.

“We will make sure we act responsibly. We want to act in the interest of the sport. We would prefer that the matter get resolved or we’ll have to act in the interest of TTCF.” he said.

Additionally TTCF president Joseph Roberts kept his words short on this matter and stated, “No, the wheels have not yet been returned. The interested parties have responded via their attorneys.”