He disputes the third missed test but not the first two - so why miss the first two, Mikael? And if you did, then wouldn't you be ULTRA careful not to miss a third?
I don't know about the appeal basis but, in a sport where drug testing is of key importance, and that is known, wouldn't you and your team be really vigilant? After all, he's not a kid, he's not a really lowly ranked guy....
I do have some sympathy. The whereabouts rules is something like listing where you will for 1 hour every day. I assume scheduling changes, injuries, a change of flight etc... can all impact this. Must make this quite the task. I know keeping this information up to date is part of your job. But it does seem like quite the task. Imagine being in your hotel room and thinking i'll just pop to the shop and get something, must be easy to forget that on that hour you said you'd be in your hotel room.
Would be interesting to know how many people are on 1 or 2 strikes. I assume it would be easier for those that play team sports as their team can mange this, a football team for example could just list the hour for when they are all training for all players.
But I guess that was my point about 'but he was on his THIRD time!' - i.e. once is fine, twice careless but then, surely, you're ultra careful re the third.
It's only one hour - it's known in advance - everyone has sophisticated electronic devices - so set it in your phone, put it on GPS, if you want, so it sounds an alarm if you go more than 10m from your given address - whatever - it sounds taxing but once you've set it up once, then it's done and you just stick the time in for next time, like setting your alarm clock.
I bet Ymer took zillions of flights last year - I'd be interested to know how many flights he missed.......
The third missed test occurred because Ymer was allocated to a different hotel to the one he requested on the eve of a tournament. His agent, who submits the whereabout details for him, was unaware of this and therefore did not amend the whereabouts details. CAS ruled he's at fault for assuming that any discrepancy between his actual and declared whereabouts would be corrected by his agent or by the tennis authorities.
The dispute arose as to whether he bore any negligence, with an earlier tribunal ruling he didn't.
It may well all be as said but ultimately surely the player's whereabout details are the player's responsibility, whoever else may be submittng the details on their behalf.
Sounds to me that CAS have been tough but fair. A hard lesson for Ymer and others need to take note. Get it right and don't get to a third strike anyway via uncontested previous problems.
-- Edited by indiana on Tuesday 18th of July 2023 02:48:45 PM
The third missed test occurred because Ymer was allocated to a different hotel to the one he requested on the eve of a tournament. His agent, who submits the whereabout details for him, was unaware of this and therefore did not amend the whereabouts details. CAS ruled he's at fault for assuming that any discrepancy between his actual and declared whereabouts would be corrected by his agent or by the tennis authorities.
The dispute arose as to whether he bore any negligence, with an earlier tribunal ruling he didn't.
So Ymer should have told his agent he was at a different hotel and didn't?
When he knew that it was essential that his whereabouts be known?
Players on all tours at all levels, beware of totally changing your team and letting go of all trusted and familiar colleagues of years and years. Its easy to be manipulated and controlled by people good at controlling and manipulating.
-- Edited by JonH comes home on Tuesday 12th of September 2023 05:22:35 PM