REPORT OF THE BOARD OF INQUIRY: `The misuse of drugs in Bermuda is pervasive' REPORT OF THE BOARD OF INQUIRY APPOINTED BY THE HONOURABLE PAMELA GORDON MP JP on December 22nd 1994.

*** FOREWORD The Board's terms of reference were: To inquire into all the circumstances leading up to and surrounding the arrest in Miami on December 9th, 1994 of members of the Under 23 Bermuda National Team returning from the qualifying matches for the 1995 Pan Am Games held in Jamaica; and generally into the incidence of the misuse of drugs in relation to football in Bermuda; and into any other matters which appear to the Board to be relevant; and to make recommendations aimed at encouraging a drug-free environment within organised football in Bermuda.

*** In an effort to do justice to these terms of reference we requested, and to the best of our knowledge received, all reports and correspondence relevant to the participation of the Under 23 Bermuda National Team in the qualifying matches of the Pan American Games held in Jamaica over the period from their arrival on November 26th, 1994 to their departure on December 9th, 1994.

In order to obtain as much information as possible, in a total of 41 meetings we have met (sometimes more than once) with officials who accompanied the team to Jamaica, the team captain and group captains, the executive of the Bermuda Football Association and its affiliates, and with other organisations and individuals who have an interest in, and for the most part, a working familiarity with football and r drugs in Bermuda.

Most of these appearances were by invitation, but some were as a consequence of advertisements placed in the newspapers, which also resulted in a number of letters to the Board. We are somewhat concerned that our Report gives insufficient acknowledgment to those whom we interviewed, to their submissions and to their answers to our questions. Indeed, we could have written a report arising from almost every interview. But various constraints, not least time, have required us to forge our impressions from the sum total of the information received. But we are grateful for the interest, sincerity, concern and willing assistance offered by everyone. We had, both informally and formally, through coach Mark Trott, invited the players that went to Jamaica to meet with us, but this was never achieved.

The response received by the Board -- the interest and cooperation so willingly extended -- was eloquent testimony of the concern which exists over the misuse of drugs in Bermuda generally and, since this was our focus, in football particularly. We were left in no doubt that the misuse of drugs in Bermuda is pervasive. Unhappily, football is no exception and its use by players and spectators is a contributing factor to the increasing indiscipline, misbehaviour and violence which have become so evident. This is serving to keep potential young players out of football and potential spectators away from football. Unless this trend is reversed there will be serious sporting and social repercussions for Bermuda. What has become clear to us in the consideration of our limited mandate is that the use of illicit drugs in Bermuda is a problem of enormous proportions, almost defying description or solution. But perhaps football, the most popular sport in Bermuda, involving probably more than 7,500 players and spectators every week, can address the problem and, in a small but meaningful way, make some contribution to its solution.

Perhaps the only silver lining to this dark cloud hanging so ominously over the football scene in Bermuda was the unanimously expressed view that the time had come to do something about it.

We hope this Report makes some contribution to that end.

We have made a number of recommendations, most of them in principle rather than in detail. We believe they have merit but their implementation will pass to other hands. Our experience with reports and recommendations is that, though generally well-received, they tend to be overtaken by more current demands, which side-track their implementation.

The best way to ensure progress is accountability. The best way to ensure accountability is to monitor progress. If the Minister agreed that it would be helpful, we would be prepared to stay in being for a period of time, during which, at quarterly intervals, we would be able to examine and report progress to the Minister and through her to the public.

All of which is respectfully submitted: JOHN H SHARPE Kt CBE JP (CHAIRMAN) EUGENE A BLAKENEY LOUIS K MOWBRAY KENNETH A RICHARDSON CVO CBE JP CALVIN R SYMONDS *** SUMMARY OF REPORT PREFACE We have tried to face up to the facts arising from the Pan American Games in Jamaica and as they appear to us to exist in football in Bermuda. But we have not tried to find scapegoats -- not the BFA, head of delegation, Technical Director, coach or the players -- since the players, at least, on the field, performed with distinction and the officials did their best.

We have seen as our task the need to identify the threats to football in Bermuda, and offer suggestions, as to how they might be overcome.

*** OBSERVATIONS Section 1 Circumstances leading up to, and surrounding the arrest in Miami on December 9th, 1994, of members of the Under 23 Bermuda National Team returning from the qualifying matches for the 1995 Pan Am Games held in Jamaica.

There is little evidence of serious background checks on the individuals selected, and no evidence of concern about drugs by the BFA. This was notwithstanding the team was going to Jamaica, notorious for its availability of marijuana, and returning via Miami sometimes referred to as the `marijuana capital of the world' because it is a major point of entry for marijuana into the US.

As a consequence of information received and evidence presented, the Board believes that some players were smoking marijuana in Jamaica.

The Board makes some observations, but offers no opinion as to whether the players were knowingly carrying marijuana when they were arrested in Miami.

For reasons given in the Report, the Board agrees with the decision not to send home players `suspected' of smoking marijuana.

The arrests in Miami could have been avoided had both the baggage to be checked-in and the hand luggage being carried been searched by Officials before leaving the hotel in Jamaica.

Unhappily, the culmination of this trip to Jamaica was the arrests on December 9th, 1994, at Miami Airport, of seven players who were charged with the importation and possession of marijuana.

At the trial on February 9th, 1995 the defendants pleaded `no contest' to the charge of possession of marijuana, the sentence being a credit for the time they had served from December 9th, 1994 to December 19th, 1994. They then returned to Bermuda.

*** Section II The incidence of the misuse of drugs in relation to football in Bermuda.

The importation and sale of illicit drugs in Bermuda is big business -- and growing.

The use of illicit drugs in Bermuda is widespread -- and increasing.

The smoking of marijuana by football players is commonplace.

Insufficient is being done in schools to discourage children from using marijuana.

The sale and use of marijuana at football games is a serious problem, affecting both behaviour and attendance.

A club's success depends to a considerable extent on its gate and bar sales during matches, hence to attract spectators the club needs to build a competitive team.

For this reason, coaches have been inclined to turn a blind eye to the use of marijuana by skillful players.

But realising the harm being done by the use of illicit drugs, officials and coaches are now prepared to confront the problem.

Bermudians need to be disabused of the view that the use of marijuana is simply a harmless social custom.

All of the evidence available points to the fact that marijuana is harmful both to the mental and physical state of a person.

Aside from the health hazards, a most severe consequence to any Bermudian of a conviction for drugs (in Bermuda or elsewhere) is that, if that conviction comes to the attention of the US authorities, the Bermudian will, by American Law, almost certainly be banned from travel to or via the United States.

Admission is then possible only by way of making application for a waiver.

Similarly, the Board understands that Canada and the UK treat the possession of drugs as seriously as the US does. If individuals are found in possession of drugs or have a drug conviction, they could well find themselves denied entry, on arrival, as inadmissible persons.

Although it is not a drug banned by FIFA, because it is not a performance enhancing drug, the use of marijuana is illegal in virtually all countries and is banned by the National Collegiate Athletic Association, the United States Olympic Committee, the English Football Association and the Bermuda Football Association, as well as other sporting organisations.

There was a unanimous view that players representing Bermuda should be tested for marijuana use. Any player testing positive should be dropped from the National Programme unless and until there is evidence of his reform.

There was a strong view that testing for marijuana use should be extended to league players.

Bad language and bad behaviour, much of it originating from the smokers' sections of club fields, where marijuana is openly sold and smoked, is offensive to potential spectators. Rather than subject themselves and their families to unruly behaviour, they stay away.

Without exception, it was the view of all that we saw that this state of affairs could not, and should not, be allowed to continue. The property inhabited by the dealers and users of drugs during a match is not theirs to claim as the so-called smokers' section. It must be reclaimed.

*** Section III Other matters which appear to the Board to be relevant.

Football as the largest participating and spectator sport in Bermuda is vitally important to the country for reasons enunciated in the Report.

Many employers support employees traveling abroad to represent Bermuda. But where this (salary) support is not forthcoming, then the Government should provide said support.

Football is sufficiently important to Bermuda that the BFA and the clubs providing it should be assisted where necessary by the Government and the private sector.

Local companies should be encouraged to adopt or sponsor a club.

There will be a need for major financial assistance to upgrade clubs in particular and football in general. Sources suggested to us include: The Government, or A National Lottery for Sport, or A Bermuda Football Foundation, or A combination of all three.

The Bermuda Football Association is football in Bermuda. It is elected by its affiliates (the clubs) and suffers from the same problems they are experiencing. The community -- not least the affiliates -- need to help it function more effectively in the interest of football.

*** RECOMMENDATIONS Players (1) When a team is selected to represent Bermuda abroad, a thorough background check should be made on each player under consideration -- with parents, police, employers, schools etc.

(2) At the time of selection, as part of his signed contract for selection, each player should be tested for drugs (including marijuana) as suggested in the BFA policy. If, as was the case for Jamaica, the team is in training here for some while, should anyone initially test positive, he should be offered help. If he accepts, he should be kept on the programme with regular testing to determine his progress. Obviously, if there are no signs of improvement, he should be dropped from the squad.

(3) At an early stage of their training in Bermuda, players should be addressed by representatives of the appropriate agencies in Bermuda, including the National Drug Commission, the Police and Customs.

(4) Employers are encouraged to adopt a policy of helping those National players who are unable to support themselves. Meantime, Government should subsidise National players until an alternative source of funds is available.

(5) Before the commencement of the season, referees should give talks to players and coaches at all football clubs regarding the rules of the game.

(6) The BFA National Players and all football affiliates should be in the forefront of the National Drug Commission's campaign, Sportsmen Against Drugs.

BFA (7) As an example to the players, the executive of the Bermuda Football Association offer themselves for drug testing on an annual basis.

(8) In consultation with the affiliates, the BFA should produce a drugs policy, including provision for testing league players.

(9)A job description should be prepared for all team officials so that there is no confusion in anyone's mind as to their respective authority and responsibilities.

(10) When leaving their premises to return to Bermuda from overseas, team officials, having had instructions from the Bermuda Regiment and the Police, should thoroughly search persons and bags, sealing bags on completion.

(11) Affiliates should work supportively with the BFA.

Spectator Behaviour (12) After consultation with the Police, the Minister of Youth, Sport and Recreation and any other appropriate Government agency, the clubs should introduce some form of video surveillance of their fields, the object being to identify persons flouting the law or otherwise behaving badly and have them dealt with subsequently by the law if necessary, and collectively by the affiliates.

(13) The Police should have a presence (in uniform), particularly during major matches in the anticipation that the mere presence of the Police is likely to act as a deterrent.

(14) All clubs, in conjunction with the BFA, should agree to a standard set of rules that can be used and displayed at all grounds, and certainly at the point of entrance. This should include a prohibition on bringing alcoholic beverages on to the property.

(15) Club officials, wearing identification bands, should patrol their grounds, observing infringements of the rules referred to above in order to curtail drug use and unruly spectators. Any person who breaks these rules should, in the first instance, be given a written warning and, if the behaviour persists, they should be banned from all grounds.

(16) Clubs should consider experimentally banning the sale of alcoholic beverages during matches.

General (17) A strong `Sportsmen Say No To Drugs' campaign should be developed, with the assistance of the National Drug Commission.

(18) The community, the Government and the business community must support the clubs and the BFA. Specifically, as a pilot project, for a trial period of, say, two years, a large community-spirited business should be encouraged to seek out a club interested in participating in such a campaign, for which together they could produce the ground rules.

(19) Parents of players must take a more active interest and be more involved than they are now, at all levels -- even if they simply go out to watch games and show their support as parents.

(20) The educational campaigns against drugs in schools should be more focused and intensified.

(21) An examination should be carried out by the Ministry of Youth and Sport, or by a body specifically appointed for the purpose, or by members of this Board of Inquiry, in order to find ways of providing additional funds for football from the Government and r a National Lottery for Sport and r the creation of a Bermuda Football Foundation. Our recommendations almost unanimously reflect the position of those agencies and persons who have given us the benefit of their views. Of course, they will need refining to take account of various matters. But the bottom line has to be that if a person is to represent his country, he and his sponsors have an obligation to ensure that he will do so not only with skill, but with honour.

In conclusion and in summary, in the exercise of their respective responsibilities, a more disciplined approach needs to be taken by the BFA, affiliates and players. And, having regard to the importance of football to Bermuda, additional resources are required to upgrade it overall.

*** SECTION 1 Circumstances leading up to, and surrounding the arrest in Miami on December 9th, 1994 of members of the Under 23 Bermuda National Team returning from the qualifying matches for the 1995 Pan Am Games held in Jamaica.

SEQUENCE OF EVENTS August 1994 The Under 23 team was selected and began training.

Saturday November 26, 1994 The team left Bermuda and arrived in Jamaica, A list of the players and officials who went to Jamaica is given at Appendix 1. Because of their lower price, players and officials were accommodated in Cabanas on the grounds of the Wyndham Hotel. It was an unfortunate choice. As coach Mark Trott put it in his report: "Players would be very accessible to just about anyone no matter how many room checks or curfews were imposed.

Sunday November 27 1994 Disciplinary problems were experienced with one of the players.

Monday November 28, 1994 A memo written by the Technical Director to the Head of Delegation, copied to the coach and BFA General Secretary, said in part that: "At a meeting today you, Mark and myself were informed that 5-7 players are smoking marijuana since our arrival in Kingston.'' In a subsequent report to the President of CONCACAF on December 15, he put it this way: "Already on November 28, I was informed that 5-7 players were most probably smoking marijuana which was against the written instruction and signed by all players.'' The BFA agreement with players is attached as Appendix 2.

We have been unable to determine specifically from whom the Technical Director's information originated, and certainly no one was caught smoking. In his report, the physio said: "I wish to make it clear that I, personally, never caught any player smoking drugs in their rooms. There were allegations and suspicions of drug use and seven players were identified as possible users based on either their appearance or performance.'' Questioned by the Board about his suspicion, the physio commented on "the demographics of the team, all being Under 23, and because of where we were -- in Jamaica.'' But for the record, we repeat that no player was actually caught smoking marijuana in Jamaica.

The Technical Director and the coach visited the National Stadium, finding that the changing rooms and field left much to be desired. The team played a friendly match against a good Jamaican team, which Bermuda won 2-1. Back at the hotel, one of the players complained of pain, leading the physio to diagnose a potentially dislocated knee -- although there was no pressure on the knee while walking.

Tuesday November 29, 1994 Because of the suspicions about smoking which had been raised, the head of Delegation addressed the players. He went over items 4, 5 & 9 of the list of Team Rules for Jamaica -- attached as Appendix 3.

His report of this meeting concludes with the statement that: "Because I had some suspicions I asked (here he lists the names of six players) together with the team captain Adams (we wish to make it clear that the team captain was not one of those whose behaviour was suspicious. His behaviour in Jamaica was exemplary) to stay behind. I advised them that I had some suspicions about their behaviour . . . '' The players assured him he would have no problem with them and repeated their commitment to the team.

Wednesday November 30, 1994 Perhaps the physio's report best explains the reason for the meeting held on this day: "After speaking with the captain and a few other players, it became evident that the drugs issue had not been adequately dealt with (at the meeting the previous day) and a second meeting was called by the Technical Director, which included seven suspected players as well as the team captain, co-captains and officials except for Mr. Tyrrell.'' Reports from all officials confirm that three players admitted to being users of marijuana without any specific confirmation or denial that they were using it in Jamaica. In the words of one official: "It became obvious from their responses that three of the seven were indeed guilty of some misuse.'' Suspected players were, as the coach put it, "sternly warned that smoking marijuana would not be tolerated and they would be sent home immediately if found out.'' For the sake of clarity, we should point out that although seven players were suspected of having some involvement with drugs in Jamaica, and seven players were arrested in Miami, it should not be assumed that all the former were among the latter.