www.oakvillebeaver.com The Oakville Beaver Weekend, Saturday June 9, 2007 - 17 Dolphins swim coach banned for life -- again Judge rules Cecil Russell committed fraud at 2005 hearing By Randy Starkman TORONTO STAR REPORTER Controversial swim coach Cecil Russell is banned for life again after a judge ruled he committed fraud to get reinstated. An Ontario Superior Court judge voided Russell's 2005 reinstatement after finding he purposely deceived an arbitrator when he claimed he was fully exonerated in an international ecstasy trafficking case. The head coach of Dolphins Swim Club in Oakville -- who was originally suspended for life in 1997 for spearheading a steroid ring is now barred by Swimming Canada from coaching on the pool deck or from attending any swim meets. A front-page story in the Saturday Toronto Star last July caused the U.S. District Court in Arizona to unseal documents showing Russell had in fact pleaded guilty in September, 2003, to conspiracy to possession with intent to distribute ecstasy. The U.S. authorities were concerned the 54-year-old Russell was misrepresenting his case. In a 30-page decision released yesterday, Judge Robert Smith said Russell committed "fraud pursuant to s. 46.(1).9 of the Arbitrations Act of Ontario" and the matter has been referred back to the original arbitrator, Graeme Mew, to reconsider based on the additional evidence. "Today , sport won. We have to be careful about who we entrust our kids to in community sport. We should be looking carefuly at that and we should be asking the right questions and we should be demanding the right kinds of behaviour." Paul Melia, CEO of the Canadian Centre for Ethics in Sport Paul Melia, CEO of the Canadian Centre for Ethics in Sport (CCES), said they felt "a responsibility to parents and the children who participate in sport to pursue this matter." "Today, sport won," said Melia. "We have to be careful about who we entrust our kids to in community sport. We should be looking carefully at that and we should be asking the right questions and we should be demanding the right kinds of behaviour." Smith said Russell's failure to disclose his conviction in Arizona was "both deliberate and improper." "The conviction for conspiracy to traffic in ecstasy was Cecil Russell highly material as he had been banned for life in 1997 based on a charge of conspiracy to import steroids and possession of steroids," wrote Smith. "The conviction was also highly relevant to the factors of remorse, rehabilitation and his post (1996) conduct." Smith rejected Russell's rationale that he did not disclose his conviction to prevent individuals "involved in organized crime, from retaliating against (his) family because he had supplied documentation in his possession to the authorities." "The criminal conviction was a matter of public record, even if the contents of his criminal file were sealed," noted Smith. Smith also believes that Russell's 1996 courtroom testimony that he helped a steroid trafficking associate dispose of a murder victim's body could be considered in any future reinstatement hearing. The information surfaced in a Globe and Mail story after he was reinstated. "If Russell's conduct amounted to being an accessory after the fact to murder, but charges were not laid in return for his testimony, his conduct may well be relevant to his application for reinstatement as a swimming coach," wrote Smith. "This is a matter which I leave the arbitrator to determine." Russell declined comment when reached by telephone yesterday. "I've nothing to say," he said. The CCES took the matter to Ontario Superior Court after twice failing to get Mew to re-open the case. He claimed he'd discharged the matter and it was no longer in his jurisdiction. Mew was unavailable for comment yesterday. It was clear in reinstating Russell that Mew had taken him at his word. He called the ecstasy case "another brush with the law, leading to the temptation to think that there is never smoke without fire, the fact of the matter is that he has been completely exonerated." It will be up to Swimming Canada and Swim Ontario to enforce the ban. "Close attention is being given to enforce and ensure the effectiveness of the decision," said Bob Morrow, counsel for the CCES. -- Torstar Wire Service Same Great People Same Great Location After 23 years, Manny Pereira is pleased to announce that he has joined the Advantage Car & Truck Rental family. 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