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December 14, 2009

Wickmayer and Malisse Bans Suspended by Belgian Court


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Today, a Belgian court suspended the original one-year bans levied on Belgian tennis players, Yanina Wickmayer and Xavier Malisse, for violating the WADA anti-doping rules.  In November, Wickmayer and Malisse were suspended for violating the WADA “whereabouts rule”.  Wickmayer, who is twenty years old, claims that she was not properly

 informed of the online reporting requirements for the drug-testing which resulted in her being banned.  

Wickmayer and Malisse have also appealed to the Court of Arbitration for Sport to overturn the bans, but they will probably not hear about that decision for a few months. In additon, Wickmayer’s lawyers are appealing to European authorities regarding the legality of WADA’s rules.  If any of the appeals to the European Commission in Brussels and the Strasbourg-based European Court of Human Rights are successful, WADA could be forced to alter its rules on when and where athletes can be tested out of competition.  The “whereabouts” rule, which requires tennis players to make themselves available for out-of-competition testing for one hour a day, 365 days a year, is very cumbersome for tennis players whose match and tournament schedules change frequently.  Tennis players must provide three months’ notice of where and when they can be located for testing. Although the inforamtion can be updated by e-mail or text message, it appears the system needs to reviewed in light of the fact that tennis players are “in season” for ten months of the year.

Fortunately for Wickmayer, Malisse and the sport of tennis, the ruling by the Belgian court is one step in the right direction.  Wickmayer, who was a surprise semifinalist at the 2009 U.S. Open, missed the deadline for the 2010 Australian Open.  The sixteenth-ranked, Wickmayer, is now hoping to be offered a wildcard into the first Grand Slam of 2010.  Wickmayer has already apparently been offered a wildcard into the Auckland, New Zealand women’s tournament in early January which is a tune-up event for the Australian Open.  Wickmayer has been through a lot during the past month or so, but she should not be given a wildcard into the 2010 Australian Open.  Although Yanina did not deserve a one-year ban, the Australian Open wildcard should be given to a promising young Australian player as planned.  Wickmayer appears to be a player on the rise with a lot of talent.  However, Wickmayer did violate the albeit cumbersome WADA rules.  In addition, her rise up the rankings has been relatively recent.  in January, 2009, Wickmayer lost in the first round of both Aussie Open tune-up tournaments she played in, as well as in the first round at the 2009 Australian Open.  Therefore, Wickmayer does not have many points to defend early in the season and if she continues to play well in 2010, her ranking will rise further with or without a wildcard into the first Grand Slam event of 2010.

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