The courtroom battle between the West Indies Players Association (WIPA) and the West Indies Cricket Board (WICB) continued yesterday, with WICB senior council Christopher Hamel-Smith, SC, continuing his cross-examination of former WIPA CEO Dinanath Ramnarine in the High Court.
The trial over the use of the Collective Bargaining Agreement and the Memorandum of Understanding (CBA/MOU) between the Board and players began on Monday in front of Justice Ricky Rahim, with WICB being represented by Christopher Hamel-Smith, SC, Luke Hamel-Smith and Catherine Ramnarine.
WIPA's legal team is being led by Dave Kissoon, with Sushilla Jadoonanan as instructing attorney.
Ramnarine, one of two witnesses called by WIPA yesterday, fielded questions from Hamel-Smith, but more often than not, the former WIPA CEO's responses resulted in heated exchanges between himself and Hamel-Smith.
The other witness called by WIPA yesterday was former WICB corporate secretary Anthony Deyal.
Throughout his time on the stand, Ramnarine maintained that he could not answer simply "yes" or "no" to questions he was asked, and that he had to explain the context along with his answers.
On the first day of the trial on Monday, Ramnarine said that prior to the start of negotiations for a Collective Bargaining Agreement (CBA) and Memorandum of Understanding (MOU) the WICB had made representations to WIPA that there was a need for continuity of the CBA and MOU.
Hamel-Smith showed that during a subsequent meeting between WIPA and the WICB, a proposal to add an early termination clause was discussed.
Although the early termination clause was taken out of the final agreement, the minutes of the meeting did not reflect any objections by WIPA along the lines that the WICB proposal was contrary to representations made by the WICB to WIPA leading up to the start of negotiations.
Yesterday, Hamel-Smith, in concluding this line of questioning, suggested that nowhere in any of the evidence of the meetings did Ramnarine breathe a word of the alleged representations made to him by the WICB.
Hamel-Smith also went into the issue of the West Indies Player Management Company Limited (WIPMACOL) and the intellectual property rights of the players, saying that when the CBA and MOU was signed in 2006, the players owned their own property rights which were then signed over to WIPA.
WIPA subsequently signed over the rights to WIPMACOL, of which Ramnarine is a director.
When asked who owned shares in WIPMACOL, Ramnarine said he was not in a position to give a fair account.
The issue of the intellectual property rights and the "team rights" and the New York Agreement between WIPA and the WICB also came up causing one of the more heated conversations between Hamel-Smith and Ramnarine.
Deyal was then called to the stand.
He said he volunteered his services to WIPA and was part of the WIPA team that was negotiating the CBA and MOU with the WICB team, which included then WICB president Sir Wes Hall.
Deyal said Hall wanted to put forward an agreement that could not be unilaterally changed.
Deyal will return to the witness stand when the trial resumes tomorrow. Kissoon will continue his examination of Deyal before Hamel-Smith gets his chance to cross examine the witness.