Gymnastics Federation pays Thema Williams damages

FORMER national gymnast Thema Williams’s four-year battle for compensation, for the “biased and flawed” decision of the TT Gymnastics Federation to pull her out of the 2016 Olympic Games, came to an end at 2.20 pm on Thursday.

That was when the federation’s bankers, Republic Bank Ltd, delivered a cheque for $223,800.19 – two hours before the deadline of 4 pm, which Justice Frank Seepersad had laid down hours earlier.

On Thursday morning, Seepersad ordered the bank to cut a cheque from the federation’s account at Ellerslie Plaza, Maraval, and deliver it to Williams no later than 4 pm.

He gave the instruction after approving the garnishee order filed by Williams, who was still owed the judgment debt ordered back in 2018.

On November 26, 2018, Seepersad ruled Williams was entitled to $200,000 for loss of endorsements and other opportunities because of the federation's “biased” and flawed decision to withdraw her from representing this country in the 2016 Rio Olympics. She was replaced by Canadian-born alternate Marisa Dick.

The court-ordered compensation was a fraction of what Williams asked for – her claim was for $11 million – but Seepersad ordered $150,000 in exemplary damages and $50,000 for loss of opportunity to earn promotional income.

The sum owed to Williams ballooned to $238,490.90 by virtue of the five per cent interest from the date of judgment.

On October 3, Williams’s attorneys, Darrell Allahar, Reza Ramjohn and Matthew Allahar began the garnishee proceedings against the TTGF and sought a provisional order – which the judge granted – for a temporary freeze on at least one of the federation’s accounts at RBL to cover the judgment debt, interest and costs.

The bank was represented by Tonya Rowley.

The bank had to provide the court with details of the federation’s account at Ellerslie Plaza. It was confirmed the account held $257,308.71.

At an earlier hearing, the TTGF’s attorney Farai Hove Maisasai had asked Seepersad not to finalise the provisional order, as his clients wanted to put in an affidavit to account for the funds in the RBL account. Maisasai said preliminary instructions from the federation were that the State had given the money in the account as funding for a specific purpose and “not to be paid at will.”

In that affidavit, the TTGF’s vice president Suzanne John-Babooram said she was owed $110,449.37 – a loan to the federation – to pay its debts. She said the TTGF held her refund in its account. That money, the TTGF claimed, was owed to the TT Olympic Committee, the Pan American Gymnastics Union, several hotels, airlines, caterers and a local gymnastics club, among others.

An additional sum of $107,614.98 was received from Sport TT for athletes at the 2022 artistic gymnastics championships (senior) in Brazil. A balance of $29,003.52 was left from that sum advanced by Sport TT and Williams’s legal team had agreed not to pursue an order for the unused balance.

Other sums in the account represented donations, the federation said.

It also submitted that if it was made to fully satisfy the judgment debt, it would cripple its operations.

Seepersad said he was mindful that the federation was a non-profit organisation and it was “highly probable” that it could experience a degree of inconvenience and hardship if it paid the entire debt owed to Williams.

However, he said there was no evidence to support any of its claims on the “loan” from its vice president.

In his ruling, he castigated the federation’s conduct. He said even after the court’s decision in 2018 – which had not been appealed – it appeared the federation “effectively” ignored the court’s order and had been operating with a “business-as-usual mindset.”

“While the judgment creditor was left unpaid, training and events were engaged and international trips to Turkey were planned as the exhibits revealed…

“The apparent calculated refusal to compensate the judgment creditor is reprehensible and has added further insult to the injury and incalculable hurt which was previously inflicted upon her.

“It appears that the ill-advised and unwarranted machinations, dismissive attitude and disregard towards the claimant/judgment creditor continues.”

The judge also said, "Transparency of conduct, strict compliance with the law and accountability must define the way in which persons, organisations and entities operate. It is difficult to comprehend why the judgment debtor has  continued to be in receipt of State funding  and donations when it stands in violation of a court order."

The judge said state funds belonged to all citizens and should not be used to prop up or support any organisation that wilfully disregarded the court’s authority.

He rejected the TTGF’s claim that the money in its account was encumbered, and ordered immediate payment to Williams.

Although Williams’s attorneys initially sought a cost order, Allahar told the judge they were not seeking one for themselves because the "pot of funds" left in the TTGF's account after his client received her sum, and the bank's costs of $4,500, will contain very little other than the Sport TT funds and $5 which they are required to leave in the account according to the rules governing garnishee proceedings.

He also said given the information provided to the court by the bank, limited funds were available to his client, which, after taking out the bank’s costs of $4,500, will leave the mandatory $5 in the account.

“Ms Williams has waited long and patiently for what is her just due. She had to come to court for its assistance in enforcing her judgment after four years of not even an offer to pay,” he said.

Williams’s lead attorney at the trial back in 2018, Martin Daly, SC, commended Allahar and his team for assisting the former gymnast to “remedy this wrong” and doing so without charge.

In her legal battle with the federation, Williams said the decision to withdraw her from the Olympic test event was harsh and oppressive, flawed and biased against her.

Williams, by virtue of her higher score at the World Championships in Glasgow, was given the nod over Marisa Dick to compete at the Olympic Test event – Aquece Final Gymnastics Qualifier – in April 2016. She and her coach John Geddert were in Brazil preparing for the Olympic qualifier when the TTGF decided to replace her with Dick.

Williams claimed the federation told Geddert she was withdrawn because she was injured, a claim she denied. Dick was flown in from Canada and eventually qualified as the first person to represent Trinidad and Tobago in gymnastics at the Olympics