Wickmayer/Malisse Case: CAS Suspended Procedure for Formal Reasons - TennisForum.com
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post #1 of 93 (permalink) Old Aug 20th, 2011, 06:03 PM Thread Starter
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Wickmayer/Malisse Case: CAS Suspended Procedure for Formal Reasons

Court of Arbitration for Sport (CAS) informed "that the arbitration involving the Belgian tennis players Xavier Malisse and Yanina Wickmayer and the World Anti-Doping Agency (WADA), the Flemish Doping Tribunal (Vlaams doping Tribunaal) and the Flemish tennis federation is currently suspended. The athletes Malisse and Wickmayer have filed appeals at the Swiss Federal Court to appeal against the CAS decision to accept jurisdiction to decide the dispute in question. Accordingly, the hearing that was scheduled to take place on 12 September 2011 has been cancelled.

The CAS opened four arbitration procedures at the beginning of 2010 following appeals by Xavier Malisse and Yanina Wickmayer on the one hand and WADA on the other hand against the decision of the Flemish Doping Tribunal to impose a suspension of one year on each of Belgian tennis players for breach of their duties in terms of location (whereabouts)."

Last edited by Tennis Observer; Apr 29th, 2012 at 02:08 PM. Reason: updated headline
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post #2 of 93 (permalink) Old Aug 20th, 2011, 09:06 PM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

So, does this mean they are going to be suspended for a year or not?
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post #3 of 93 (permalink) Old Aug 20th, 2011, 09:11 PM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

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So, does this mean they are going to be suspended for a year or not?
No, not for now.
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post #4 of 93 (permalink) Old Aug 20th, 2011, 09:17 PM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

I thought this was over with. Biggest failure in the history of sports arbitration. THEY DIDN'T EVEN DO ANYTHING.

And the dish ran away with the spoon..
but Hawaii was the only state that would recognize the marriage as legal.
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post #5 of 93 (permalink) Old Aug 20th, 2011, 09:20 PM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

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I thought this was over with. Biggest failure in the history of sports arbitration. THEY DIDN'T EVEN DO ANYTHING.
This.

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post #6 of 93 (permalink) Old Aug 20th, 2011, 09:20 PM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

Yanina couldn't fill in her 'whereabouts' because the system didn't work
So stupid.

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post #7 of 93 (permalink) Old Aug 20th, 2011, 10:24 PM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

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The athletes Malisse and Wickmayer have filed appeals at the Swiss Federal Court to appeal against the CAS decision to accept jurisdiction to decide the dispute in question.
So now they can challenge the jurisdiction of the CAS over this matter - after having appealed to it themselves, and thus implicity accepted its jurisdiction? That's pretty rich, even for Belgian lawyers.

And would they be doing so if those rumours that the final decision of the CAS would be to uphold the suspensions hadn't begun leaking out?

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post #8 of 93 (permalink) Old Aug 21st, 2011, 12:11 AM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

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Yanina couldn't fill in her 'whereabouts' because the system didn't work
So stupid.
How is it to do that though? Come on now...

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19. In the period from January to April 2006 Dr. Skalny sent very detailed messages to Ms Sharapova [...]: “Mildronate 1-2 X 10, repeat in 2 wks (before training or competition)”; “1 hr before competition, 2 pills of Mildronate”; “During games of special importance, you can increase your Mildronate dose to 3-4 pills (1 hr before the match). However, it is necessary to consult me on all these matters (please call)”; “30 minutes prior to a training session: Mildronat – 1 Capsule. 30-45 minutes prior to a tournament Mildronat 2 capsules”.
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post #9 of 93 (permalink) Old Aug 21st, 2011, 12:13 AM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

Is this saga still going on? I forgot all about it.
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post #10 of 93 (permalink) Old Aug 21st, 2011, 01:22 AM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

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So now they can challenge the jurisdiction of the CAS over this matter - after having appealed to it themselves, and thus implicity accepted its jurisdiction? That's pretty rich, even for Belgian lawyers.
Sorry my friend, you don't fully understand the system. Specifically, an athlete governed by any sporting body that's a signatory to the WADA Convention must appeal to CAS (a figleaf "arbitration" body that WADA uses for a veneer of objectivity) first, and only after that can appeal a judgment to the Suisse courts.

You need to understand how WADA's reign of terror came 2B. In 2001 the late Franco enforcer Juan Antonio Samaranch retired as head of the IOC, and Jacques Rogge (BEL) beat Dick Pound (CAN) to succeed him. So Dick got control of WADA (then about 2 years old and quite weak) and turned it into one of the most Draconian bodies in sports history.

The Whereabouts Rule is a prime example. Nina was on tour, where they could find her most of the time just by checking drawsheets. If one is doping, the evidence doesn't leave their system that quickly, which is why in 2005 "someone I shall not name" had a positive B sample for Nandrolone taken around 10 days after the A sample, thus the "little bit pregnant" story.

I could write a book about WADA's deficiencies, but I'll wrap up here by saying that their "big brother" (the IOC) allows NBA basketball players to compete in the Olympics, despite the NBA never having been WADA compliant. Early in 2011 for example, OJ Mayo of the Memphis Grizzlies was suspended 10 games (during the 82 game regular season) for a PED violation, and also was eligible for the playoffs.
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post #11 of 93 (permalink) Old Aug 21st, 2011, 05:19 AM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

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in 2005 "someone I shall not name" had a positive B sample for Nandrolone taken around 10 days after the A sample, thus the "little bit pregnant" story.
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post #12 of 93 (permalink) Old Aug 21st, 2011, 10:54 AM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

This reeks of desperation. They lost in the Belgian court system following similar legal arguments of questioning the legality and jurisdiction of the international anti-doping system. In that sense, their appeal to the Swiss Federal Court is consistent with their argument.

I also understand Malisse's logic as he is in the latter stages of his career. But ultimately they haven't accomplished anything other than stalling for time, and their chances of a successful appeal are minuscule as the Swiss Federal Court frequently accepts jurisdiction over CAS cases - though only after a verdict.

Eventually, both cases are destined for CAS. I always thought Wickmayer should have separated herself from Malisse and went there immediately. She has a very clear-cut line of defence questioning how she was informed about her entry in the whereabouts system. She only needs to have rendered one of her three warnings invalid to escape punishment.

Malisse's defence seems a lot harder, and he could very well risk a doubling of his original one-year suspension.

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The Whereabouts Rule is a prime example. Nina was on tour, where they could find her most of the time just by checking drawsheets.
That obviously doesn't exempt her from filling out whereabouts. And if she loses in the first round, who knows where she is for the rest of that week? Not to mention the weeks where she didn't have tournaments scheduled. The whereabouts system has been fine-tuned continuously after feedback from the athletes and largely appears to be well-implemented.
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post #13 of 93 (permalink) Old Aug 21st, 2011, 02:16 PM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

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Originally Posted by TheAllan View Post
This reeks of desperation. They lost in the Belgian court system following similar legal arguments of questioning the legality and jurisdiction of the international anti-doping system. In that sense, their appeal to the Swiss Federal Court is consistent with their argument.

I also understand Malisse's logic as he is in the latter stages of his career. But ultimately they haven't accomplished anything other than stalling for time, and their chances of a successful appeal are minuscule as the Swiss Federal Court frequently accepts jurisdiction over CAS cases - though only after a verdict.

Eventually, both cases are destined for CAS. I always thought Wickmayer should have separated herself from Malisse and went there immediately. She has a very clear-cut line of defence questioning how she was informed about her entry in the whereabouts system. She only needs to have rendered one of her three warnings invalid to escape punishment.

Malisse's defence seems a lot harder, and he could very well risk a doubling of his original one-year suspension.


That obviously doesn't exempt her from filling out whereabouts. And if she loses in the first round, who knows where she is for the rest of that week? Not to mention the weeks where she didn't have tournaments scheduled. The whereabouts system has been fine-tuned continuously after feedback from the athletes and largely appears to be well-implemented.
They sent signed documents to Yanina's home all the time, since nobody was home, they didn't get signed. When they called the sporting officials in Belgium they constantly got the answer, we'll forward it by post to you, and they always kept sending them to their house, where nobody ever was home. Not their fault, they didn't miss any tests afaik and even the WADA knew where they were. So the least to say is that CAS and WADA are quite hypocrite, but don't worry both of these things will not be involved in sporting anymore in the near future.
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post #14 of 93 (permalink) Old Aug 21st, 2011, 06:24 PM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

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Originally Posted by *JR* View Post

in 2005 "someone I shall not name" had a positive B sample for Nandrolone taken around 10 days after the A sample, thus the "little bit pregnant" story.
Quote:
Originally Posted by roelc View Post
Sesil Karatancheva.

Quote:
Originally Posted by TheAllan View Post

That obviously doesn't exempt her from filling out whereabouts. And if she loses in the first round, who knows where she is for the rest of that week? Not to mention the weeks where she didn't have tournaments scheduled. The whereabouts system has been fine-tuned continuously after feedback from the athletes and largely appears to be well-implemented.
As I noted above Allan, the NBA's pro basketball players aren't kept out of the Olympics because the NBA (like the NFL, Major League Baseball, etc) aren't "WADA compliant", and would tell the IOC where to stick the Olympics B4 agreeing to even the "fine-tuned" Whereabouts Rule. (Same with the NHL, whose players do participate in the Winter Olympics).

And sure those sports are continuous for 6 to 8 months a year (depending on one's team making the playoffs and how far it advances) but besides the months off, players go on injured reserve during the season for weeks @ a time. Besides (as Sesil's case showed, with her B sample taken @ a Fed Cup tie ova a week after that RG) the drug residues don't leave one's system so quickly. And of course even "masking agents" designed to thwart the tests are also banned.
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post #15 of 93 (permalink) Old Aug 22nd, 2011, 12:52 PM
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Re: CAS: "Wickmayer & Malisse Case" is currently suspended

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their chances of a successful appeal are minuscule as the Swiss Federal Court frequently accepts jurisdiction over CAS cases - though only after a verdict.
I.e. on appeal.

I suppose that the Swiss Federal Court can accept appeals from CAS decisions if:

Quote:
Originally Posted by CAS Procedural Rules
La sentence, notifiée par le Greffe du TAS, tranche définitivement le litige. Elle n’est susceptible d’aucun recours dans la mesure où les parties n’ont ni domicile, ni résidence habituelle, ni établissement en Suisse et ont expressément renoncé au recours dans la convention d’arbitrage ou dans un accord écrit conclu ultérieurement, notamment en début de procédure.
So I guess neither Malisse nor Wickmayer ever renounced their right to appeal the decision of the CAS? I assumed that appeals to the CAS were only admitted if the appellant renounced his/her right to appeal to ordinary courts, something that often happens in arbitration.

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