• Home
  • Topics
  • News
  • Application by Enrique Lopez Perez against provisional suspension from tennis denied by Independent Anti-Corruption Hearing Officer

Application by Enrique Lopez Perez against provisional suspension from tennis denied by Independent Anti-Corruption Hearing Officer

Tennis Integrity Unit

Independent Anti-Corruption Hearing Officer Prof Richard McLaren has denied an application by Spanish tennis player Enrique López Pérez to lift a provisional suspension originally imposed on him on 19 December 2019.

Due to restrictions in place at the time of the provisional suspension, the original decision by Prof McLaren was not publicly reported.

As a result of today’s decision the 29-year old will continue to be prohibited from competing in or attending any sanctioned tennis event organised or recognised by the governing bodies of the sport.

The provisional suspension relates to an investigation by the Tennis Integrity Unit into alleged breaches of the Tennis Anti-Corruption Program (TACP).

The Section of the TACP relating to the granting of provisional suspensions is as follows:

 3. Provisional Suspension.

a. The PTIOs may at any time make an application to an AHO for a Provisional Suspension of a Covered Person, including (i) before a Notice has been issued, (ii) before a Hearing or (iii) at any time after a Hearing but prior to the AHO’s issuance of a written Decision. Except as provided in Section G.4.a (in which case a Provisional Suspension is mandatory), a Provisional Suspension may be imposed if the AHO is satisfied on the preponderance of the evidence that at least one of the conditions set out at (i) and (ii) below are met:

i. a Covered Person has (i) failed to comply with a Demand or (ii) delayed or obstructed, without reasonable justification, compliance with a Demand or purported to comply with a Demand through the provision of any object or information that has been tampered with, damaged, disabled or otherwise altered from its original state; or

ii. (i) there is a likelihood that the Covered Person has committed a Corruption Offense punishable by permanent ineligibility; (ii) in the absence of a Provisional Suspension, the integrity of tennis would be undermined; and (iii) the harm resulting from the absence of a Provisional Suspension outweighs the hardship of the Provisional Suspension on the Covered Person.

The original article can be found here.

Leave a comment

Please login to leave a comment.

Courses

Legal Advisors


Copyright © LawInSport Limited 2010 - 2021. These pages contain general information only. Nothing in these pages constitutes legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. LawInSport is not responsible for any actions taken or not taken on the basis of this information. Please refer to the full terms and conditions on our website.