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View Full Version : Yanina Wickmayer free to play until June 2011


youizahoe
Feb 10th, 2010, 02:13 PM
Yanina Wickmayer kan woensdag zorgenvrij beginnen aan haar eerste ronde op het WTA-toernooi van Parijs. Het lijkt er namelijk sterk op dat er geen nieuwe wendingen komen in haar whereaboutsaffaire voor eind mei 2011. Zowel zij als Xavier Malisse kunnen nog 16 maanden vrijuit tennissen zonder dat er een schorsing dreigt.

Het Vlaams Doping Tribunaal (VDT) ging in beroep nadat de schorsing van de twee werd opgeheven op 14 december.

"Het Hof van Beroep stelde vorige vrijdag een agenda op", verduidelijkt advocaat Kristof De Saedeleer. "De procedure loopt tot april 2011. Daarop volgen de pleidooien en pas dan een uitspraak, wellicht begin juni 2011. Binnenkort wordt de zaak ook ten gronde ingeleid, maar die zaak zal ongeveer dezelfde termijn volgen."

youizahoe
Feb 10th, 2010, 02:16 PM
They are basically saying the case won't be finished until 2011 :)

FORZA SARITA
Feb 10th, 2010, 02:17 PM
omg june 2011???:weirdo:

hellas719
Feb 10th, 2010, 04:04 PM
:woohoo:

pov
Feb 10th, 2010, 04:12 PM
CAS has not yet issued a decision.

Morisicki
Feb 10th, 2010, 04:14 PM
2 years!?!? :mad:

Optima
Feb 10th, 2010, 04:29 PM
2 years!?!? :mad:

:inlove:

youizahoe
Feb 10th, 2010, 04:31 PM
CAS has not yet issued a decision.

CAS decission can't do anything about it.

youizahoe
Feb 10th, 2010, 04:31 PM
2 years!?!? :mad:

Probably 3. Since Belgian courts are in huge delays and we're currently busy with serial-killers :lol:

pov
Feb 10th, 2010, 04:35 PM
CAS decission can't do anything about it.
?? Explain please. Both Wickmayer and WADA have presented their case to the CAS. It's been portrayed as CAS having the final say in the matter.

youizahoe
Feb 10th, 2010, 04:41 PM
?? Explain please. Both Wickmayer and WADA have presented their case to the CAS. It's been portrayed as CAS having the final say in the matter.

The lawyer said that CAS can be overruled by the European and Belgian verdicts.

TheAllan
Feb 10th, 2010, 04:52 PM
CAS decission can't do anything about it.
Don't be so certain of that. This is turning into a legal mess. If Wickmayer is successful at CAS, the Belgian Court of Appeal case will be irrelevant for her part and she would be free to play no matter what - and also beyond June 2011. It might be different for Malisse, though.

If Wickmayer loses at CAS, she has exhausted all options within the legal framework of international sports, and the situation would become extremely precarious. The ITF could very well accept to go by the recommendation of the Flemish anti-doping organization and wait for the legal proceedings in Belgium to run their course.

They are probably even obliged to do so under the WADA Code, but it would effectively make Flanders the black sheep of international anti-doping. Quite an embarrassment considering the nationality of the IOC President. Rogge has made anti-doping one of his top priorities.

hellas719
Feb 10th, 2010, 04:56 PM
2 years!?!? :mad:

Stop being such an ass, please ;)

youizahoe
Feb 10th, 2010, 04:59 PM
Don't be so certain of that. This is turning into a legal mess. If Wickmayer is successful at CAS, the Belgian Court of Appeal case will be irrelevant for her part and she would be free to play no matter what - and also beyond June 2011. It might be different for Malisse, though.

If Wickmayer loses at CAS, she has exhausted all options within the legal framework of international sports, and the situation would become extremely precarious. The ITF could very well accept to go by the recommendation of the Flemish anti-doping organization and wait for the legal proceedings in Belgium to run their course.

They are probably even obliged to do so under the WADA Code, but it would effectively make Flanders the black sheep of international anti-doping. Quite an embarrassment considering the nationality of the IOC President. Rogge has made anti-doping one of his top priorities.

The lawyer said.

If CAS says she can play, and the Belgian and European courts say she can't, then CAS overrules that decission.

However if the Belgian and European courts say she can play, than there's a super small chance that CAS with a negative rule can stop her from playing. The CAS appeal-verdict will then be seen as not happened based on the fact that the courts annulled VDT's sanction.

-

Flanders has nothing to be ashamed of, for starters, Flemish people made up the whereabouts rule.

If we hadn't, nobody would have had, not to mention, the country that did most against doping, is up to day, still Belgium.

TheAllan
Feb 10th, 2010, 05:20 PM
The lawyer said.

If CAS says she can play, and the Belgian and European courts say she can't, then CAS overrules that decission.
Yes, she has no worries if she wins at CAS. The Belgian and European courts can uphold the VDT decision, and most things would be restored to status quo. However, it would have implications for the anti-doping system both in Flanders and abroad if the VDT decision is shot down - regardless of the CAS decision. It could take half a decade to get that far, though. Especially if the case ends up in the supreme court.

However if the Belgian and European courts say she can play, than there's a super small chance that CAS with a negative rule can stop her from playing. The CAS appeal-verdict will then be seen as not happened based on the fact that the courts annulled VDT's sanction.
Yes, this is where it can get really messy. Even the CAS decision itself can be appealed to a Swiss court if the ITF lets the CAS decision take precedence.

Flanders has nothing to be ashamed of, for starters, Flemish people made up the whereabouts rule.

If we hadn't, nobody would have had, not to mention, the country that did most against doping, is up to day, still Belgium.
That's a strong claim to make. There was a general international push to introduce a whereabouts system to faciliate effective out-of-competition testing. The problem with the First Court decision is that it's hard to see anyone getting effectively suspended for a violation of anti-doping rules in Flanders. At least until the Court of Appeal has dealt with these cases.

youizahoe
Feb 10th, 2010, 05:24 PM
Yes, she has no worries if she wins at CAS. The Belgian and European courts can uphold the VDT decision, and most things would be restored to status quo. However, it would have implications for the anti-doping system both in Flanders and abroad if the VDT decision is shot down - regardless of the CAS decision. It could take half a decade to get that far, though. Especially if the case ends up in the supreme court.

Well it needs to be enhanced to reduce the chance for this to happen?

Yes, this is where it can get really messy. Even the CAS decision itself can be appealed to a Swiss court if the ITF lets the CAS decision take precedence.

Yeah it's gonna be a messy battle, but something good will come out of it, I hope.

That's a strong claim to make. There was a general international push to introduce a whereabouts system to faciliate effective out-of-competition testing. The problem with the First Court decision is that it's hard to see anyone getting effectively suspended for a violation of anti-doping rules in Flanders. At least until the Court of Appeal has dealt with these cases.

It's the truth, the Belgian that introduced the whereabouts system to the international sporting committees, resigned after this failure regarding the Wickmayer and Malisse case.

danieln1
Feb 10th, 2010, 05:25 PM
Where´s that guy "is not fair Wickmayer play this season"?

I thought he would be here already, counting the minutes for june 2011 whatever...

But when this date comes, she won´t be able to play anymore?? This situation is so confusing, it´s ridiculous

youizahoe
Feb 10th, 2010, 05:27 PM
Where´s that guy "is not fair Wickmayer play this season"?

I thought he would be here already, counting the minutes for june 2011 whatever...

But when this date comes, she won´t be able to play anymore?? This situation is so confusing, it´s ridiculous

Cas will rule their verdict before the 9th of April, when that's done, we can speculate better.

Morisicki
Feb 10th, 2010, 08:20 PM
Stop being such an ass, please ;)

I just don't like Wickmayer. That's all

Joe.
Feb 10th, 2010, 09:39 PM
so she still might get suspended? :(

pov
Feb 11th, 2010, 04:11 PM
Flemish people made up the whereabouts rule.

If we hadn't, nobody would have had, not to mention, the country that did most against doping, is up to day, still Belgium.
You're boasting about that? :haha: The "whereabouts rule" as it stands is stupid. Way to go with equating Belgium with over-the-top paranoia.

TheAllan
Feb 11th, 2010, 09:13 PM
It's the truth, the Belgian that introduced the whereabouts system to the international sporting committees, resigned after this failure regarding the Wickmayer and Malisse case.
You are talking about Chris Goossens I believe? Isn't he a doctor to Wickmayer as well? That would at least partly explain his resignation. I know he has been involved with anti-doping, for instance in cycling, the epicenter of doping. However, I would be surprised if he is singularly or even mainly responsible for suggesting the current system.

The whereabouts system in its present from was developed after input from numerous international parties and is the successor to a Passport program that I think the Australians were some of the first to adopt. Not to slight Belgium, but I would say that Australia and Canada have been at the forefront of the international anti-doping scene over the last decade. But there's no doubt that Flanders in particular take anti-doping very seriously. This is what makes the decision of the Belgian court so ironic.

If both players lose their appeals at CAS and are still allowed to compete for more than a year following the CAS decision, then we have a truly unique situation. Since the Belgian court granting the injunctions also questioned CAS' role, I will assume that both the anti-doping organization of Flanders and the ITF are going to have to respect it unless they come up with very good legal reasons not to do so.

At the same time, WADA might be successful in increasing the suspensions of either one or both players to a maximum of two years. Having read Malisse's explanations for a couple of his warnings, I must say that they don't come across as particularly convincing, at least in terms of presenting a successful defence. Which is why I wouldn't be surprised if his punishment is increased to two years.

If the Court of Appeal reverts the decision of the lower court, which doesn't seem unlikely considering the implications and very powerful legal framework of the international anti-doping system (including a UNESCO convention), then the punishments has to be made effective somehow, but will they be retrospective or not? That is, will they have to forfeit all price money and ranking points earned, or will a new suspension has to be served from sometime in 2011 into 2012, or even 2013.

Malisse is not far from retirement in any case, so I can see his rationale of wanting to play now at all costs, but I'm more concerned for Wickmayer.