JADCO's lawyer Lackston Robinson has said the ant-doping agency will not accept that Epiphany D1 contained the substance oxilofrine found in Sherone Simpson’s sample at last year’s June Jamaica Championships.
At the National Senior Championship, June 21, 2013 after the 100m finals, Simpson returned a positive analytical finding for a stimulant, oxilofrine. They said the substance was found in a new supplement given to her by Canadian physical trainer Chris Xuereb.
According to Robinson in his submission, the bottle of Epiphany D1 submitted for testing to a Kentucky lab by Paul Doyle, Simpson's manager, has oxilofrine while the one bought from the Epiphany D1 website by the Kentucky lab didn't show the same substance.
He said the sample received from Mr. Doyle “was sealed to the bottle cap, and the sample inner seal was intact…60 capsules were present along with a desiccant pouch and a small rock like substance, the cotton ball was lying in the bottom of the container. All capsules looked intact with no microscopically looking piercing.”
However, as he read out the findings of the other container, the panel was seen taking keen notes. “The entire bottle sample was sealed, not just the cap, unlike the previous sample,” he said.
"The sample inner seal was intact after opening the lid, the contents were inspected and counted, 60 capsules were present along with a desiccant pouch, and no rock like substance. The one that Mr. Doyle submitted had a rock like substance, this one didn’t have one. Mr. Doyle’s own was sealed, just the cap, this one the entire bottle was sealed, and then the cotton ball placement was different with this sample, and was on the top of the capsules.
“Now we know that those who take medication know the cotton is always at the top,” he submitted to the panel. “What is important it’s the one that Mr. Doyle submitted has in the oxilofrine.”
“These (labs) are experienced people Mr. Chairman (Lennox Gayle and other members Peter Prendergast and Dr Japheth Ford) and they know why they had to examine the bottle (to make sure they were the same).
Prof Wayne McLaughlin from Caritox a lab at UWI had testified on Simpson's behalf that oxilofrine was contained in Epiphany D1, but that the sealed bottle was provided by Simpson's team.
Robinson said Caritox did not get a sample of their own to match with what Simpson’s team presented to them. He said Caritox had done the opposite in the Kenneth Edwards case as they went to purchase similar samples to what was given by Edwards.
Robinson JADCO lawyer said the "Caritox (UWI) report is totally unreliable"
JADCO lawyer Lackston Robinson is questioning the "honesty" of the evidence given by Paul Doyle.
JADCO's lawyer Robinson, who is pushing for a two-year suspension for Simpson, said "Ms Simpson is guilty of gross negligence."
The panel set April 8 for its verdict.