DJW vs Clayton Morris: Futsal squad and TTFA poised for unprecedented legal battle

Trinidad and Tobago Football Association (TTFA) president David John-Williams has dared National Futsal Team head coach Clayton “JB” Morris to prove that he was ever appointed as coach by the local football body and to provide proof that he and his technical staff and players are owed anything from 11 months of national duty.

The legal brinksmanship is likely to be the precursor to an extraordinary case, which will see 22 players and five technical staff members challenge the TTFA in court for money that they claimed was verbally promised, befitted their national service or owed due to mismanagement on the part of the local football body.

The Futsal players listed in the action are: captain Jerwyn Balthazar, Kevin Graham, Adrian Pirthysingh, Keston Guy, Curtis Julien, Ricardo Bennett, Kerry Joseph, Anthony Small, Cyrano Glen, Dwayne Calliste, Kevaughn Connell, Ishmael Daniel, Noel Williams, Jamel Lewis, Jameel Neptune, Bevon Bass, Ronald St Louis, Kareem Perry, Jamal Creighton, Akeem Roach, Colin Joseph and Conrad Smith.

The technical staff members are: Morris (head coach), Ronald Brereton (manager), Sterling O’Brian (assistant coach), Perry Martin (goalkeeper coach) and Brent Elder (trainer).

In total, the claimants are demanding TT$306,272 plus US$29,231—a sum of TT$502,116—from the John-Williams-led organisation.

The initial deadline given by the Futsal team, who are represented by attorney Melissa Roberts-John, was 1 September 2016. However, the TTFA requested an extension and was granted one.

The TTFA’s legal response was dispatched last Friday by the football body’s attorney, Annand Misir. And, notwithstanding the invoices and claims of verbal agreements by the Futsal team, John-Williams has demanded written evidence before the football body contemplates resolving the impasse.

• “Our request at  this stage however is for the disclosure of the following documents: The instrument of appointment of the Interim Committee of the Futsal Association;
• “The contract or agreement or any relevant documentation whereby the terms and conditions relating to committee members were settled and agreed by the Trinidad and Tobago Football Association;
• “The contract or agreement or any relevant documentation whereby the appointment, terms and conditions of the technical staff were approved by the Trinidad and Tobago Football Association…
• “The contract or agreement or any relevant documentation whereby the appointment, terms and conditions of the players were settled and agreed by the Trinidad and Tobago Football Association…”

The Futsal team, according to its initial pre-action protocol letter, informed TTFA general secretary Azaad Khan that Morris and his staff acted on the instructions of then football president Raymond Tim Kee, who was replaced by John-Williams after an election on 29 November 2015.

Tim Kee, who is also the PNM treasurer and ex-Port of Spain mayor, is expected to testify on the claims of the Futsal team.

The implications of the potential legal battle are far reaching. John-Williams’ request for the instrument of appointment for the Futsal Association, for instance, could cut both ways.

Representatives from the Futsal Association voted at last year’s TTFA election—and are believed to have backed the new president—and their authority to do so was one of several irregularities highlighted by Wired868 on the 2015 football poll.

Once more, the relationship between John-Williams’ administration and a national coaching staff and squad will also come under the microscope, while the court could also be asked to put a dollar value on representing a national football team in international battle.

Although John-Williams did not hire Morris, the latter figure was operated as the Futsal team’s head coach for six months under the current football president. During that time, the TTFA sent Morris and his team to two international tournaments while the coach and manager were also sent to a CONCACAF workshop.

Did John-Williams have a right to assume that Morris’ time and that of his staff and players was pro bono—although the football president was allegedly advised of the financial expectations of the Futsal team during this period?

Did the TTFA reasonably expect Morris and Brereton to use their own money to rent facilities and purchase refreshments and equipment for the national team’s preparation without reimbursement?

“My clients have been assured on several occasions that they will be paid all outstanding sums,” stated the Futsal team’s pre-action protocol letter, “and [have] exercised full patience with the TTFA’s tardiness to do so despite repeated requests and/or demands and/or meetings.”

The Futsal team received no match fees for four Caribbean Cup outings, two CONCACAF play off games against Honduras, two friendly internationals against Costa Rica and one friendly against a Costa Rican indoor team, despite requesting payment from the TTFA. Regardless, the players have demanded a retroactive fee of US$200 per game from the local football body.

Should all adult international players receive a match fee from the TTFA? Is the court equipped to suggest to John-Williams what a fair rate would be?

The local football body offered the Futsal technical staff just US$20 per diem for an 11 day stay in Costa Rica while the players were given US$10 per diem. Futsal goalkeeper Kevin Graham, a Defence Force player who has two caps with the outdoor Soca Warriors team, refused to accept his per diem in protest.

“Please be advised that my clients are of the opinion that the per diem paid to them in the respective campaigns were grossly unjust in light of the time and effort as well as personal sacrifices made by them in order to fully represent Trinidad and Tobago at this international level.

“In light of such, my clients are demanding that the per diem be adjusted to US$40 each for both technical staff and players for the respective campaigns.”

The Women Soca Warriors generally receive between US$25 and US$100 per diems but were only ever paid a match fee for their two-legged FIFA Play Off against Ecuador, two years ago. The men’s outdoor team have not been paid a per diem in over two years although they are guaranteed match fees that rarely drops below a minimum of US$1,000.

Can the local courts decide what is a “just” per diem for the TTFA to pay?

The claimants also referenced their personal sacrifice to screen and train with the national team.

“Kindly bear in mind that my clients had to travel from their various places of abode—for example Arima or Fyzabad—to various grounds/venues in order to attend these training sessions. Please note that on Sundays the players would [train] in Tacarigua from 9am to 12 noon, Maloney on Mondays, Pleasantville on Wednesday and Chaguanas on Fridays—all from 7pm to 10pm.

“The players believe that it is only fair and just that they be paid a reimbursement fee of TT$50 per day for attending said sessions.”

Should the TTFA be obliged to financially help its players get to practice?

Incidentally, sources claimed that the high absenteeism of National Under-20 sessions this year was down in large part to the cost of attending sessions, particularly for players from rural areas and/or humble backgrounds like Tyrel “Pappy” Emmanuel and Quinn Rodney.

Not all of the Futsal team’s demands carried a dollar sign though. They also insisted on an apology for shabby treatment on international duty in Costa Rica when the national players and staff were evicted from their hotel—in front of their CONCACAF opponents—due to late payment by the TTFA.

“The team and manager and the National Futsal Team and the accompanied technical staff faced the most embarrassing and unfortunate position of having to be put out of their hotel accommodation at the CONCACAF campaign.

“In an attempt to curtail the humiliating and distressing position the team was unjustly placed in, the technical staff, namely Mr Brereton, was forced to pay out of pocket for extra accommodation and/or expenses until their schedule departure…

“My clients are demanding a written apology from the TTFA for the public humiliating they faced with respect to being displaced from their hotel accommodation whilst on the Costa Rica campaign as a result of inadequate travel arrangements on the part of the TTFA.”

Should the National Futsal Team take their grievance to court, they will join former technical directors Anton Corneal and Kendall Walkes and ex-general secretary secretary Sheldon Phillips in taking legal action against the local football body while current National Under-17 coach Russell Latapy also has a matter pending and his predecessor, Ken Elie, has threatened action.

Off the field of play, veteran broadcaster Selwyn Melville is also pursuing compensation from the local football body for trademark of the term “Soca Warriors” while former referees head, Ramesh Ramdhan, has issued notice over unpaid money.

Balthazar, a tidy midfield organiser, represented coach Stephen Hart’s outdoor team in an international friendly against Grenada, earlier this year, and it is uncertain what implications a lawsuit against the TTFA might have on his career. Smith, Graham, Connell and Bass are also former international outdoor players.

Morris, who captained Trinidad and Tobago’s unforgettable Strike Squad team and is a former National Senior Team coach, was overlooked when John-Williams handed out NLCB-sponsored Season Passes to persons he described as legends of the local game.

Morris told Wired868 he was not informed of any potential inclusion among 200 local “legends” earmarked by the TTFA for complimentary passes. But the former international stand-out insisted that somebody had to stand up to John-Williams over the disrespect meted out to his squad.

“We have to make a stance because the players feel really disrespected,” said Morris. “How can you give players US$10 [per diem]? We always sit down here and talk about how other teams are succeeding but they are not getting the level of disrespect our players getting.

“And you would think somebody like John-Williams who bring a team from a fete match side to where it is now would understand… I think we have a dictatorship now. Yes, Mr [Jack] Warner had his way but I think Mr Williams is worse. Jack Warner didn’t get involved in things like walking on the field and stopping training to ask players if they want a next game.

“I think he is getting involved in everything down to the technical and tactical aspects of the [national teams] because that is what he is accustomed to doing with W Connection. And, for me, that is worse than what Jack Warner used to do.”

Futsal Team versus the TTFA

Claimants: (Players) Jerwyn Balthazar, Kevin Graham, Adrian Pirthysingh, Keston Guy, Curtis Julien, Ricardo Bennett, Kerry Joseph, Anthony Small, Cyrano Glen, Dwayne Calliste, Kevaughn Connell, Ishmael Daniel, Noel Williams, Jamel Lewis, Jameel Neptune, Bevon Bass, Ronald St Louis, Kareem Perry, Jamal Creighton, Akeem Roach, Colin Joseph and Conrad Smith; (Staff) Clayton Morris (head coach), Ronald Brereton (manager), Sterling O’Brian (assistant coach), Perry Martin (goalkeeper coach), Brent Elder (trainer),

Defendants: The TTFA, led by president David John-Williams and general secretary Azaad Khan.

Legal claim: TT$306,272 plus US$29,231—a sum of TT$502,116—plus whatever the court thinks fair.

(Breakdown of claims)

Monthly Staff Stipends (Total for July-August 2015 and January to May 2016)

Clayton Morris at TT$12,000 per month = TT$84,000

Ronald Brereton at TT$8,000 per month = TT$56,000

Brent Elder at TT$7,000 per month = TT$49,000

Sterling O’Brian at TT$6,000 per month = TT$42,000

Perry Martin at TT$6,000 per month = TT$42,000

Training stipend (Calculated at TT$50 per session):

Cyrano Glen (TT$2,000), Adrian Pirthysingh (TT$1,750), Kareem Perry (TT$1,750), Kevin Graham (TT$1,700), Keston Guy (TT$1,700), Ishmael Daniel (TT$1,600), Jamel Lewis (TT$1,550), Jameel Neptune (TT$1,550), Kevaughn Connell (TT$1,350), Bevon Bass (TT$1,350), Ricardo Bennett (TT$1,350), Colin Joseph (TT$1,350), Kerry Joseph (TT$1,250), Dwayne Calliste (TT$1,250), Conrad Smith (TT$1,200), Jerwyn Balthazar (TT$1,050), Anthony Small (TT$1,050), Ronald St Louis (TT$900), Noel Williams (TT$850), Curtis Julien (TT$850), Jamal Creighton (TT$700), Akeem Roach (TT$550),

Per diem claim for CFU campaign in Cuba from 20-26 January 2016 (Calculated at US$40 per day for total of US$140 each):

Jerwyn Balthazar, Kevin Graham, Adrian Pirthysingh, Kerry Joseph, Anthony Small, Cyrano Glen, Ishmael Daniel, Jameel Neptune, Bevon Bass and Colin Joseph.

Match fees claim for CFU campaign in Cuba from 20-26 January 2016 (Calculated at US$200 per game for total of US$800 each)

Jerwyn Balthazar, Kevin Graham, Adrian Pirthysingh, Kerry Joseph, Anthony Small, Cyrano Glen, Ishmael Daniel, Jameel Neptune, Bevon Bass and Colin Joseph.

Per diem for CONCACAF campaign in Costa Rica from 26 April to 6 May 2016 (Calculated at US$40 per day for total of US$440 each)

Kevin Graham.

Per diem for CONCACAF campaign in Costa Rica from 26 April to 6 May 2016 (Owed total of US$330 calculated at US$20 per day—since US$10 per day was already paid by TTFA)

Jerwyn Balthazar, Adrian Pirthysingh, Keston Guy, Kerry Joseph, Cyrano Glen, Kevaughn Connell, Ishmael Daniel, Noel Williams, Jamel Lewis, Jameel Neptune, Bevon Bass, Kareem Perry, Colin Joseph.

Match fees for CFU and CONCACAF matches (Total claim of US$1,000 each, calculated at US$200 per game)

Jerwyn Balthazar, Kevin Graham, Adrian Pirthysingh, Keston Guy, Kerry Joseph, Cyrano Glen, Kevaughn Connell, Ishmael Daniel, Noel Williams, Jamal Lewis, Jameel Neptune, Bevon Bass, Kareem Perry, Colin Joseph.

Staff per diem for CONCACAF matches (Calculated at US$220 each—since US$20 per day was already paid by TTFA)

Clayton Morris, Ronald Brereton, Sterling O’Brian, Brent Elder.

Additional expenses

Ronald Brereton US$221 for additional expenses during CFU and CONCACAF campaigns such as laundry, meals and equipment; Clayton Morris TT$5,822 to rent facilities and conduct training sessions.

Say sorry

Written apology to team for public humiliation from being displaced from hotel in Costa Rica due to inadequate travel arrangements on the part of the TTFA.