Korda victorious in court
High court judge rules ITF can't appeal panel decision
Posted: Friday January 29, 1999 09:25 PM
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The court ruled Korda should not be banned because he did not know how the banned drug got into his system AP |
LONDON (AP) -- Tennis star Petr Korda on Friday won the latest
round of his legal battle to carry on playing despite his positive
test for steroids.
A High Court judge ruled that the International Tennis
Federation cannot contest an appeals panel ruling that allowed
Korda to escape suspension over a drug test at Wimbledon last year.
The ITF, which was ridiculed for not suspending Korda for a year
in accordance with its own rules, said it would appeal the judge's
ruling so that the threat of a ban remains.
Calling the ruling "disappointing," the ITF's executive
medical director, Deborah Jevans, said the case had come down to
legal technicalities.
"We are pleased that the judge as seen it fit to grant us
leave to appeal," she added.
The ITF will now contest the judge's ruling at the civil Court of Appeal in London, probably within the next month. That means
Korda will continuing playing against a backdrop of criticism and
may wind up playing against some of the stars who say he should be
suspended.
Last month, an independent appeal committee appointed by the ITF
said Korda was guilty of a doping offense. He tested positive for
nandrolone after his quarterfinal Wimbledon loss to Tim Henman in
July.
But the panel cited "exceptional circumstances" and said Korda
should not be banned because he did not know how the banned drug
got into his system.
Under pressure from players and sports organizations, the ITF
appealed against the decision and said it planned to take the case
to the Court of Arbitration for Sport in Switzerland.
That prompted Korda to take the case to the High Court. He
wasn't present at the hearing.
Korda's attorney, Charles Flint, said the ITF, under its own
anti-doping program, had no right in law to appeal against the
decision, which was "final and binding" on both sides.
Flint said the ITF's own anti-doping program "is designed to
provide for speedy and final determination of disputes as to
allegations of doping before an independent expert committee."
In Korda's case, he said, the code worked exactly as it was
supposed to do. "We say a player should not be required to defend
himself twice," Flint told the judge.
The ITF argued that any decision was only final if not appealed
and that, under its rules, the ITF or any player had an
"unfettered right" to reopen and re-argue any decision at a full
re-hearing in Lausanne.
The Judge, Sir Gavin Lightman, said he preferred Korda's
argument.
"I accordingly hold that the ITF is not entitled to appeal to
the CAS and that Mr. Korda is entitled to a declaration to this
effect," he said.
At the Australian Open, currently taking place in Melbourne,
several players spoke out strongly against Korda, saying he should
have been suspended. Korda lost in the third round to Todd Martin.
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