Ba soccer players, Saula Waqa and Manasa Nawakula have filed constitutional redress cases in court against the Fiji Football Association President, Rajesh Patel and CEO Mohammed Yusuf.
They had tested positive for using marijuana and were suspended from playing all levels of soccer for 3 years after this year’s Battle of the Giants in August.
Their lawyer Abhay Singh has filed the case in the High Court and they are seeking the declaration that their suspension is in breach of the Fijian Constitution.
Singh also wants a permanent stay of all proceedings against them and the court’s declaration that Waqa and Nawakula are entitled for damages against the respondents.
Nawakula says on 12th August 2020, he was asked by Ba Football Association to give his written consent for urine test for any drugs that he may have taken.
He says it was two days before the BOG semifinal.
Nawakula says he tested negative on 20 ng/ml for THC (marijuana) meaning that he never had any drugs in his body.
He says he also tested negative on the 14th of August.
Nawakula says on 15th August 2020, at Churchill Park, Lautoka, the Ba Management team after the final whistle informed him that the Fiji FA medical team wanted to test his urine.
He confirms that he was asked to give his urine without his written consent by the Fiji FA medical team and later to his surprise, Nawakula was informed that he was found positive for marijuana.
He says his personal liberty was breached where his urine was taken without his written consent.
Nawakula also says in the court papers that he believes Auztec Medical Labs Ltd are not registered under the World Anti-Doping Agency that monitors the World Anti-Doping Code.
Saula Waqa says the only conversation that he had with the doctor was to provide urine and go away and he did not ask him to check that Waqa had taken painkillers for his injuries.
Waqa says the doctor did not check his identification card or make him sign any forms as required by FIFA Anti-Doping Regulations.
Waqa says there was no second test to confirm the first result was correct.
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