Hewitt
Stands Firm on Threat to Sue ATP
Fri Apr 18, 1:14 AM ET Add Sports -
By Matthew Cronin
OAKLAND, California (Reuters) - Lleyton Hewitt plans to go ahead with a lawsuit
against the ATP unless the organization issues a public apology and admits
wrongdoing in levying a fine against him, his agent told Reuters on Thursday.
"Every time we sought and presented the ATP with an opportunity to make a
cooperative, productive, positive choice in this entire saga, they made the
wrong one," Octagon's Tom Ross said. "Hence we are at the stage we are
in. Everyone gets a black eye. I'd love to see them deal with the matter
honestly, but I'm not expecting much."
However, the governing body for men's tennis said it was not running scared from
Hewitt's threat of legal action if they did not waive the $20,000 fine an
appeals committee imposed on the Australian for failing to show for an interview
with host broadcaster ESPN at last year's Tennis Masters Series in Cincinnati.
"As far as we're concerned, the matter is resolved," ATP vice
president of communications Matthew Rapp told Reuters.
"We feel that the matter has been comprehensively addressed, the process
has been followed and as far as we're concerned, is concluded."
The ATP found Hewitt in violation of its STARS Program and as a result, Hewitt
was automatically fined one-half of the prize money he earned in Cincinnati, or
$105,650, subject to his right to appeal the finding of a violation and the
amount of the penalty. Hewitt appealed and, after a two-day evidentiary hearing
in February, a three-member appeals committee confirmed the violation but
reduced the amount to $20,000.
HEWITT RESPONDS
Lawyers acting for Hewitt have said that they would file the $1.5 million suit
in the South Australian Supreme Court in June unless the matter could be
resolved.
The 22-year-old Hewitt alleges the ATP breached its contract with him, defamed
him and claims the body "intentionally and without justification"
interfered in his business affairs."
Hewitt claims his conduct in Cincinnati did not breach his contract with the
ATP, nor the provisions of the STARS Program, which obliges players to perform a
certain number of media duties at Masters Series tournaments.
Even though Hewitt has been at odds with the ATP since he arrived on tour as a
16-year-old, his new threat is a somewhat surprising.
Especially as after the appeals committee ruling, Hewitt and the ATP released a
statement which said: "With the committee's decision behind us, we look
forward to focusing on the 2003 season."
However, Hewitt's camp was holding out hope that the ATP would rescind the fine
and admit to some wrongdoing.
When that didn't come to pass, Hewitt decided to pursue a legal avenue.
"We were hoping that cooler heads would prevail," Ross said.
REPUTATION SAVER
Hewitt's father Glynn told the Daily Telegraph in Australia that the amount of
the fine was not the issue, but it was a matter of principle and they were going
to court to save Hewitt's reputation.
"I'm completely sympathetic with Lleyton, given all that he has been
through with the ATP since he began playing," Ross said.
"I'm not surprised this is going on given the degree of frustration, shame
and tragedy he has been put through."
Last summer, Hewitt accused the ATP of lying about the matter and said he might
reduce his schedule this year.
This week, he opted out of playing Monte Carlo Masters event.
Hewitt is also the most prominent member of the breakaway International Men's
Tennis Association and recently gave the group a check for $1,500 to show his
support.
An exhausted Hewitt has also pulled out of next week's tournament in Barcelona
and is currently in Australia being treated by doctors for fatigue.
He's is next scheduled to play at the Hamburg Masters starting on May 12
Hewitt to take ATP to court
By Leo Schlink in London
April 15, 2003
WIMBLEDON champion Lleyton Hewitt has threatened legal action to claim up to
$2.5 million in damages from the ATP – the peak international men's tennis
organisation – in the South Australian Supreme Court.
The world champion is demanding the money for damages to his reputation and
legal costs after he was docked about $US106,000 – the largest fine for an
Australian sportsman – for allegedly failing to do an interview with American
television network ESPN in Cincinnati on August 6 last year.
Lawyers acting for Hewitt, 22, have told the ATP proceedings will be issued in
the South Australian Supreme Court in June unless the matter can be resolved
privately.
World No. 1 Hewitt, whose original fine was reduced to $US20,000 on appeal, said
last night he could not comment on the court action.
His father Glynn said the legal action was not about money but protecting his
son's reputation.
"The appeal lodged on behalf of Lleyton was never about money," Hewitt
Sr said.
"The ATP does not seem to recognise this. If the issue were money, Lleyton
could have accepted one of the compromise offers made by the ATP prior to the
appeal.
"If the ATP believes this is the correct way to handle this matter, there
is little wonder that the International Men's Tennis Association is gaining
support.
"It should be understood that the issue is, and always has been, about
clearing Lleyton's name."
The basis of the Adelaide right-hander's claim is that the ATP had acted
unlawfully in withholding his prizemoney in Cincinnati where he was beaten in
the final by Spaniard Carlos Moya.
Hewitt alleges the ATP breached its contract with him and also defamed him in
media statements.
He also claims the ATP "intentionally and without justification"
interfered in his business affairs.
The feud between the sport's best player and some of the most powerful tennis
administrators in the world has simmered since the ATP fined Hewitt half his
prizemoney in Cincinnati for not doing the interview.
Hewitt insists he was prepared to do the interview and asked an ATP staffer to
tell ESPN.
Hewitt appealed against the violation in November and the ATP reduced the fine
on January 14 to $US20,000.
Hewitt claims his conduct in Cincinnati did not breach his contract with the
ATP, nor the provisions of the STARS program, which obliges leading players to
perform a specified number of promotional and media duties.
The US Open winner and Davis Cup spearhead alleges there was not a
"reasonable investigation to determine the facts" regarding his
alleged refusal to do the interview.
Hewitt claims the appeal hearing in New York on November 6-7 "did not
comply with the rules of natural justice".
It is understood Hewitt believes he was defamed in a number of statements to the
media by ATP chief executive officer Mark Miles and other ATP representatives.
Hewitt could also say:
• He was blackmailed, with "deliberate and malicious manipulation"
of the wild-card system, to undertake a medical examination in Miami.
• He was forced to attend the ATP's university course when other players had
not been required to do so.
Herald Sun
Hewitt takes players' body to court
Stephen Bierley in Monte Carlo
Tuesday April 15, 2003
The Guardian
The row between Lleyton Hewitt and the Association of Tennis Professionals blew
up again yesterday with the news that the Wimbledon champion intends to initiate
litigation against the players' body.
Last year the world No1 was fined for refusing to give an interview in
Cincinnati with ESPN, the North American broadcaster of the Tennis Masters event
in the city, just before his first-round match against the American Robby
Ginepri which Hewitt won, in a rage, 6-0, 6-0.
Originally Hewitt was fined half his prize money, $105,650 (£70,000), but this
was later reduced on appeal to $20,000. However, Hewitt, who believes with
considerable justification that he has been shabbily treated by the ATP and has
since lent his name to the newly formed International Men's Tennis Association,
a rival body, is clearly intent on pursuing a point of principle.
With the Mediterranean no more than a short hit of a tennis ball away from the
centre court, and with the early spring sunshine reflecting intensely from the
towering limestone cliffs behind, as it was yesterday, there is no better place
than the Monte Carlo tennis club to launch the clay-court season. Yet, despite
the sun and unparalleled vistas, clearly all was not well in the principality.
Of the current top 10 only five are entered this year, with the two biggest
draws, Hewitt and Andre Agassi, respectively No1 and No2 in the world, both
offering their excuses. Agassi has not played here since 1998 and was only a
spasmodic visitor before that, so his absence, however regrettable, is not a
surprise.
But Hewitt's decision not to return, having made an inglorious debut last year
when he lost in the first round to Spain's Carlos Moya, was clearly a snub,
particularly as he is due to play in Barcelona next week, although it is more
against the ATP than the Monte Carlo tournament.
The nine-tournament Tennis Masters Series - packaged as the best events outside
the four grand slam events - is supposedly mandatory. But the leading players
pay lip service to this constraint, preferring to set their own agendas and
timetables, the purpose of which is to give them the best possible chance of
winning a grand slam title.
Not that the absence of Hewitt and Agassi, together with Switzerland's Roger
Federer and Marat Safin of Russia, will concern the swelling horde of Spanish
and South American players who will begin revving their engines this week for a
mass charge towards Roland Garros at the end of May. Last year's French Open
victory by Albert Costa, the journeyman deluxe of the clay-court circuit, gave
fresh heart to all those who slide and slither across the terre battue from
cradle to grave.
There have been two all-Spanish French Open finals in the last five years, yet
they have produced nobody of the charisma of Brazil's Gustavo Kuerten, three
times the champion at Roland Garros in 1997, 2000 and 2001. Juan Carlos Ferrero
and Moya, the top two seeds here, are fine players but few outside Spain are
greatly bothered whether they win or lose in any tournament.
This may be unfair but a tennis world dominated by Spaniards and Argentinians is
a world of stifling sameness.
In this respect it was disappointing to see Andy Roddick of the United States,
the No 3 seed, hustled to a 7-6, 6-3 defeat by Spain's Albert Portas in the
first round yesterday. Tennis is desperately in need of Roddick, or any other
young American, who can show signs of eventually filling the void that will be
left when both Agassi, 33 this month, and Sampras, 32 in August and semi-retired
already, step aside.
"I didn't play too smart," said Roddick, who in the first-set
tie-break when he fought his way back from 6-3 down, blew his chances when
attempting a ridiculously judged drop-shot from well behind the baseline.
-------------------------------------------------------------------------
Hewitt to take ATP to court
By John Parsons (Filed: 15/04/2003)
sport.telegraph.co.uk
The fall-out from Lleyton Hewitt's refusal to give an interview to a television
company just before a match in Cincinnati last August took a serious turn last
night.
The ATP Tour revealed that lawyers acting for the Wimbledon and world champion
had intimated that they would be taking proceedings against them.
It had been thought that the recent completion of Hewitt's appeal against the
punishment imposed by ATP for what they judged as a violation against their
STARS programme would be the end of the matter.
The ATP took action after Hewitt refused to participate in an interview with
ESPN, the North American broadcaster. They fined him £70,000, one half of the
prize money he had earned at the event.
On appeal, after a two-day hearing, a three-member appeals committee chaired by
a retired Federal court judge, confirmed the violation but reduced the fine to
£13,000.
But for Hewitt, who has earned more than £7 million in prize money alone, the
issue was not a matter of money but one of principle. He had a blazing row with
the ATP officials who tried to make him do the interview before going out and
beating American Robby Ginepri 6-0, 6-0.
Long before the initial punishment was announced, Hewitt made it clear he would
contest it and hinted that, if any sanction was imposed, he might seriously
reassess how many ATP tournaments he would support in future.
It has long been a common practice that players are not asked to undertake
interviews before their matches but, in this instance, it was not as simple as
that.
Hewitt had agreed to an interview to be included as part of ESPN's tournament
coverage but there were complications because the player was not available at
the time set and later, when Hewitt was willing to speak, it did not fit in with
the television company's schedule.
In a statement last night, the ATP said: "The findings of the appeals panel
and the subsequent fine are consistent with similar violations of the STARS
programme. It would be unfortunate if this matter was pursued in the
courts."
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April 15, 2003
Hewitt to challenge ATP in court
From Neil Harman, Tennis Correspondent, in Monte Carlo
Times OnLine
LLEYTON HEWITT, the Wimbledon champion, is poised to embark on a landmark court
case against the ATP that questions the probity of the sport’s governing body
and further strengthens the case of the dissident players thirsting for a
greater say in the running of the game.
The world No 1 has launched a claim for £1 million in damages and costs after
he was fined £75,000 by the ATP — the largest levied against an Australian
sportsman — for allegedly failing to grant an interview to ESPN, the American
television network, in Cincinnati on August 6 last year. Hewitt’s lawyers have
told the ATP that proceedings will be issued in the South Australian Supreme
Court in June, unless the matter is resolved privately.
The basis of Hewitt’s claim is that the ATP acted unlawfully in withholding
his prize-money in Cincinnati, where he was beaten in the final by Carlos Moyá,
the Spaniard. Hewitt further alleges that the ATP breached its contract with him
and defamed him in media statements. It is the latest bitter twist in a feud
that has endured from the 22-year-old’s earliest days on the tour and was the
last straw.
Hewitt has recently thrown his support behind the fledgeling International
Men’s Tennis Association (IMTA), a group of players strongly disaffected by
the way the sport is governed. The IMTA has formally requested information,
including the ATP’s audited finances for the past five years, the remuneration
of its leading 25 employees and a breakdown of the state of the players’
pension fund.
The ATP continues to insist that there is no need for a breakaway, but with 53
players pledging moral support, a meeting of the body in Monte Carlo this week
may harden attitudes — especially with Hewitt on board.
Hewitt, who has always insisted that he was prepared to undertake the interview,
appealed against the violation brought under the ATP’s STARS PR programme in
November and the ATP reduced the fine to £15,000 (a sum that it wished to
remain confidential). The Wimbledon champion said, though, that there was not a
“reasonable investigation to determine the facts” about the whole messy
situation.
Hewitt’s lawyers claim that the appeal hearing in New York in November “did
not comply with the rules of natural justice”. I understand that Hewitt also
believes he was defamed in statements by Mark Miles, the ATP chief executive
officer, and other officials.
Hewitt’s disaffection with the ATP has led him to adopt a lighter tournament
schedule in 2003, endangering his near two-year reign as world No 1. His
priority this year is to help Australia to regain the Davis Cup. Hewitt’s
father, Glynn, has been at his son’s side from the moment, at the age of 15,
he became the youngest player to qualify for the Australian Open in 1997 and, a
year later, the youngest tour winner when he won the Australian Hardcourt title
in Adelaide.
“If the ATP believes that a reduction of over 80 per cent of the amount of the
initial fine will satisfy our concerns at the way the ATP has handled this
affair, it is mistaken,” Hewitt Sr said. “If the ATP believes this is the
way to handle this matter, there is little wonder the International Men’s
Tennis Association is gaining support.
“It should be understood that this issue is, and always has been, about
clearing Lleyton’s name. We remain of the view that there was no proper basis
for any action to be taken or the fine levied.”
Hewitt played in Monte Carlo last year, losing in the first round to Moyá. This
year, he is skipping the delights of the principality — a further blow to the
ATP, which tries to insist that its best players appear in its marquee events
and is confronted for this Masters Series tournament by the absence of Hewitt,
Andre Agassi, Roger Federer, Marat Safin and Sébastien Grosjean, the Nos 1, 2,
5, 9 and 10 in the world, for a variety of reasons.
The championship also suffered a significant blow on the first day when Andy
Roddick, the No 3 seed, played a first-set tie-break that reeked of naivety and
concluded with “a drop shot that was more like a lob” — Roddick’s
description — in a 7-6, 6-3 defeat by Albert Portas, of Spain.
Newk
rests after stroke
By LEO SCHLINK
05apr03
JOHN Newcombe is recovering from a mild stroke.
Newcombe, a former Davis Cup captain and winner of seven singles majors, is
resting at his New South Wales country property.
Newcombe, 58, has played down the severity of the stroke to friends and the
Australian Davis Cup team, which last night began its quarter-final quest
against Sweden in Malmo.
When contacted by a member of the Australian party in Sweden, Newcombe asked
that news of his condition be kept confidential and said the stroke was merely a
warning.
One of Australia's most charismatic and successful international sportsmen,
rugged Newcombe has been ordered by doctors to temper a lifestyle that would
test the stamina of men half his age.
Australian Davis Cup victories were rarely complete without a raucous
celebration, but Newcombe invariably met media, sponsor and organisational
commitments the following day.
Newcombe's illness has been a major talking point among the Australian players,
notably current world No. 1 Lleyton Hewitt, who began his Davis Cup career under
Newcombe in Boston in 1999.
Hewitt received a fax from Newcombe in which the former star offered tactical
advice.
Newcombe's close friend and former doubles partner, Tony Roche, last night said
Newcombe was fine.
"He's in good hands," he said. "He'll be OK."
Odd couple enjoy their double
act
March 15 2003
Sydney Morning Herald
The improbable pairing of Mark Philippoussis and Lleyton Hewitt is more than a
marriage of convenience, writes Richard Hinds.
There was a time when it would not have seemed unusual for Lleyton Hewitt and
Mark Philippoussis to be standing face-to-face with clubs in their hands.
However, presented with that scenario, you would not necessarily have assumed
they were playing golf.
It was not that there was any particular animosity between Hewitt and
Philippoussis. Rather, despite having won a Davis Cup together in 1999, they
were perceived to be on opposite sides of the great Australian tennis divide.
Hewitt was one of Newk's boys and Philippoussis cast as the difficult outsider.
Given their different approach to national service - Hewitt gives the impression
he would like to jump out of a Baghdad trench, forehand blazing, Philippoussis
has been part of the coalition of the unwilling - it seems unusual that the pair
has suddenly formed such a close alliance.
And not merely on the doubles court, where they reached the final of the
Franklin Templeton Classic in the United States - their first event together.
This seeming marriage of convenience now extends to social hours, with Hewitt
and Philippoussis occasional partners on the golf course in a grudge match
against Hewitt's coach Jason Stoltenberg and trainer Roger Rasheed.
The Hewitt-Philippoussis doubles combination was the brainchild of
Philippoussis's coach, Peter McNamara. But it first required an act of kindness
from Hewitt after Philippoussis was injured at the US Open last September.
"Lleyton came to me and asked me how Mark was and said: 'Is there anything
I can do to help?"' said McNamara upon revealing the potential doubles
combo last year. "I said: 'Lleyton, there is something you can do, you can
play doubles with him', and he was very sweet about it."
When McNamara first spoke of the pairing he acknowledged they "might not be
the best of friends". After a harmonious 10 days in Sydney for the Davis
Cup tie against Great Britain, and a grand week at Delray Beach where they both
reached the finals of singles and doubles, the pair have clearly become
chummier.
"They've spent a bit of time together and the bottom line is they have
always had a lot of respect for each other," said McNamara. "I think
there's a lot Mark can learn from Lleyton, and there is a lot Lleyton can learn
from Mark."
But the major beneficiaries of the Hewitt-Philippoussis doubles experiment are
Davis Cup captain John Fitzgerald and coach Wally Masur. Not only will they
assemble a more harmonious squad for the tricky second-round tie against Sweden,
what would have been an ad-hoc doubles pairing is now something closer to a real
team - something Australia has lacked since Mark Woodforde's retirement.
Neither Fitzgerald nor Masur saw Hewitt and Philippoussis play together last
week. But both liked what they heard.
"It gives us an option we didn't have," Masur said. "But more
than, I just think it's healthy for Australian tennis in general."
Hewitt and Philippoussis are scheduled to play doubles together in Miami next
week and are also likely to play on grass at Queen's in June. But will they ever
contest a grand slam?
"Interesting question," McNamara said. "The way they play and
team together there is no doubt they could win them. But the French is probably
too difficult [for singles and doubles], Wimbledon's tough, the US conditions
are hard ..."
In other words? "It's probably unlikely," he continued. "The
problem with a slam is that if it rains one day and matches get postponed,
suddenly doubles can really hamper singles and that's the main focus for both of
them."
Which means the pair will probably never find a way into the crowded Australian
doubles hall of fame. Not that they don't have the ability to do so.
"There's no doubt they are a good team and I think they would have won last
week if Mark hadn't been so tired," said McNamara, a four-time grand slam
doubles champion. "He played nine matches in a week and I don't think he
played nine all of last year."
From what he saw in practice in Sydney, Fitzgerald also believes Hewitt-Philippoussis
has the makings of a crack team.
"The thing is that they both volley very solidly," he said. "Mark
is hard to break at the best of times and the way Lleyton gets it back they'll
be very hard to get through."
Aside from team bonding, the combination is also a good public relations
exercise for both players. Hewitt has proved the unexpected master of
reconciliation and Philippoussis has been drawn at least partly into the
Australian team ethos.
Not that McNamara believes the Scud was ever as difficult to deal with as had
been suggested.
"He is not an outsider," insisted McNamara. "A lot of things have
happened during his career that have been misconstrued and been repeated
publicly by people who have a certain opinion of him.
"But, to be honest, that's not the way to handle a situation like that.
What you should be doing is getting on with someone as well as you can and
acknowledging that everyone is different."
Those words are a thinly veiled reference to John Newcombe's handling of
Philippoussis and the feud that ensued. Newcombe's replacement, Fitzgerald, said
he had made it his business to treat his players as individuals.
During the tie against Great Britain, Philippoussis would sometimes go surfing
to clear his head and that was fine by the Australian captain.
What the Australian Davis Cup team has needed in the past few years is a
reliable doubles pairing. Who would have thought that in Hewitt and
Philippoussis it would get such a harmonious team.
Hewitt
backing plan for breakaway group
By Matthew Cronin
INDIAN WELLS, California, March 12 (Reuters) - World number one Lleyton Hewitt
says he supports the idea of a breakaway International Men's Tennis Association
(IMTA).
"For sure," Hewitt told reporters after reaching the third round of
the Pacific Life Open with a 6-3 6-2 victory over Russia's Yevgeny Kafelnikov on
Wednesday.
"With my experiences with the ATP Tour, I've got to look at it in a very
positive way. Any way things can be helped, that's great for everyone.
"At the end of the day, I know with my dealings with the ATP that's there's
a lot of room for improvement."
Hewitt, who has long been at odds with the ATP Tour, was the first top-10 player
to say the men needed a new organisation to better serve their interests.
The proposed IMTA is headed by South African Wayne Ferreira and Laurence
Tieleman of Belgium, who have hired a New York law firm to represent them.
They are upset their voices are not heard loudly enough in ATP decision-making
and that they do not know enough about the organisation's finances.
FIZZLE OUT
After a meeting of 16 out of the top 20 men's players on Monday, ATP Players'
Council vice president Todd Woodbridge said the IMTA would fizzle out.
"They don't have enough support," Woodbridge said. "It's unlikely
they'll get off the ground because what they are proposing is already in place.
"We already have representatives and if you don't like them, you can vote
in new ones and do it in the system that you have."
But Hewitt disagreed with his Australian Davis Cup team mate.
"Somehow I doubt that (it would fizzle out)," Hewitt said. "It
was a different meeting.
"It was about prize money at the Grand Slams. It had nothing to do with
Wayne Ferreira's things, I didn't think it was even mentioned."
Hewitt said he was unsure whether he would sign a document in support of the
IMTA but appeared to be leaning in that direction.
"I have to go through and look at everything," he said. "I've
spoken to players as well.
"At the moment there's a lot of room for improvement. If it's going to end
up helping the players, then why not?"
The ATP board of directors is composed of seven members -- three representatives
from the Players' Council, three tournament directors and chief executive
officer Mark Miles.
But the player's representatives -- Ricardo Acioly, Tomas Carbonell and Gary
Muller -- are paid by the ATP to be on the board, something Ferreira does not
agree with.
VALUABLE INFORMATION
"The players need to be more informed about the business and we need to
have someone with a business mentality to get valuable information for us so we
know what's going on inside," he said.
"We're a little bit isolated from the ins and outs. We need an independent
person representing our needs."
Woodbridge said the players already had the right representation.
"That's where the IMTA is not well thought out because we are the ones who
are paying our board members," he said.
"The fact that we own 50 percent of the tour gives us more say than if we
weren't part owners and then be at the whim of the people who own it.
"It's the players who vote and elect who we want. We put our trust in them.
If we're not happy with the board, we can vote to restructure it."
Hewitt agreed with Ferreira that the opinions of the players were undervalued.
"The biggest thing is getting the players's issues across better," he
said.
"The ATP hasn't done enough for the players, as the players's voice more
than anything. We say little things that don't get across to the right people.
"It goes to council meetings and nothing ever really happens about it.
There have been issues over the last two or three years and it's been building
for a long time."