Lawyers representing gymnast Thema Williams are seeking to have have the T&T Gymnastics Federation's defence to her multi-million dollar lawsuit against it, struck out. Senior Counsel Marin Daly signalled his intention to file an application during a case management hearing before Justice Frank Seepersad in the Port-of-Spain High Court on Tuesday.
Daly complained that the federation disobeyed Seepersad's order in relation to disclosing documents pertinent to Williams' lawsuit.
The documents relate to communication between the federation and fellow gymnast Marissa Dick, who Williams is claiming was unfairly picked ahead of her to represent this country at the 2016 Summer Olympics in Rio de Janeiro, Brazil.
Daly said he wrote to the federation's lawyers last week to outline the breaches and was yet to receive a response.
Seepersad indicated that the federation had been given a fair opportunity to response and was informed by the federation's lawyers
that the disclosure would be forthcoming.
If the application is filed and is successful, it may mean that the federation would have a default judgement levied against it.
Seepersad was expected to set a trial date for the case during the hearing, however, he postponed the issue due to the delay in
disclosure. The case has been adjourned to March 6.
The controversial dispute between the athlete and the federation began after Williams was replaced by Dick to represent this country at the Olympic Test Event event in April 2016. Her initial selection was based on her performance at the World Artistic Gymnastics Championship in Glasgow, Scotland on October 23, 2015, where she placed higher than Dick.
Williams claimed that her coach John Geddert was informed by the federation that she was withdrawn because she was injured, a claim which she denies. Alternate athlete Dick was selected to participate in the event instead and eventually qualified becoming the first person to represent T&T in gymnastics at the Olympics.
In her claim for over $10 million in damages, Williams is claiming compensation for her “loss of opportunity” and damage to her personal and professional reputation allegedly caused by the “harsh and oppressive” actions of the federation’s executive.
Her attorneys are contending that by failing to be given an opportunity to qualify for the Olympics, she suffered a huge loss of
opportunity of endorsements, motivational speaking engagements and repeated business opportunities as well as a full scholarship to the Michigan State University, which she forewent in her bid to represent T&T at event.
Williams is also being represented by Keith Scotland, while Justin Junkere is representing the federation.
Ramesh Lawrence Maharaj, SC, and Ronnie Bissessar are representing the federation's four executives.