Allgemein » complaint should be dismissed

RIO DE JANEIRO -- Several swimmers were listed with the wrong qualifying times coming into the Rio Olympics.World governing body FINA was able to correct some mistakes, including that of a Kuwaiti swimmer competing under the International Olympic Committee flag because her countrys national committee has been suspended from taking part in the games.The Guardian newspaper in Britain reported that 17 swimmers from 16 countries still had qualifying times that didnt match the actual results from last years world championships in Kazan, Russia. All were admitted to the games under the universality rule, which is designed to spread the sport to developing countries that would not otherwise have qualified.FINA said the Olympic competition was not affected by the botched times, but there were renewed questions about the murky way swimming is governed and organized.For us, there is no question over the eligibility of the swimmers to compete and we have even gone slightly over the 900-swimmer quota, FINA said in a statement early Friday. The mistakes, if any, did not have any impact whatsoever to the outcome of the competition and to the athletes participation.FINA did change the qualifying times for several dozen swimmers, as well as some relay times for major teams such as Italy and Hungary. The times determine heats and lane assignments during the preliminaries.Further confusing matters, FINA hastily added seven Russian swimmers to its entry list just before the start of competition last Saturday, after they were initially barred from the games over their countrys massive doping scandal. No explanation was given for why the swimmers were allowed to compete, but the decision sparked heated criticism from several athletes, most notably American Lilly King.One swimmer initially listed without a time was Kuwaits Faye Husain, who is competing as an independent athlete in Rio because her countrys national Olympic committee was suspended by the IOC for alleged government interference in several sports federations.The 21-year-old Husain, who recently graduated from Williams College in the United States, competed last year at worlds and posted a time of 27.63 seconds in the 50-meter freestyle. But when that wasnt listed in her Rio entry, she was assigned to the opening heat with less-accomplished swimmers.The mistake was initially missed because she didnt have a representative at the team leader meeting held before the start of the games, where mistakes are supposed to be rectified. As an independent athlete, shes being coached by her college coach, Steve Kuster, who arrived in Rio after the meeting.She had gotten here a day or two before me and noticed that she was entered with no time, Kuster said. She was in the very first heat.From there, the coach said, it was a very long trek to get it right. Finally, the issue was resolved and Husain will be in the fifth of 12 heats when she competes Friday.Kuster believes the proper lane assignment will help her put up a much better time than she would have swimming against much-slower swimmers, even though shes got little chance of advancing out of the preliminaries either way. She tied for 64th at worlds.It was more about being where she rightfully belongs, Kuster said.---Follow Paul Newberry on Twitter at www.twitter.com/pnewberry1963 . His work can be found at http://bigstory.ap.org/content/paul-newberry . Martin Jones Sharks Jersey . After slipping from the summit during the week, the Gunners overcame struggling Crystal Palace 2-0 on Sunday thanks to Alex Oxlade-Chamberlains second-half brace. Erik Karlsson Jersey . Louis Blues absence from top spot in the TSN. http://www.officialsharksnhlshop.com/barclay-goodrow-jersey/ . -- There were so many positives from the Orlando Magics first victory of the season that it was hard for coach Jacque Vaughn to stop praising his players. Brent Burns Jersey . Didier Drogba gave away the penalty that put Senegal one goal away from a major upset, but the veteran striker will get another chance -- probably his last -- at the World Cup after Salomon Kalous injury-time strike sealed the Ivorians place in Brazil next year. Marc-Edouard Vlasic Sharks Jersey . Cote was eligible to become a free agent Feb. 15. Cote helped running back Jon Cornish run for a league-high 1,813 rushing yards en route to being named the leagues most outstanding player. A decision on whether West Indies allrounder Andre Russell breached the World Anti-doping Agency code by being negligent about filing his whereabouts is likely to be announced by an independent anti-doping tribunal in the next two-three weeks.In March this year, the Jamaica Anti-doping Commission (JADCO) alleged that Russell had failed to file his whereabouts on three occasions in 2015, citing the dates of January 1, July 1 and July 25. Under the WADA code if an athlete fails to file their whereabouts three times in a year, it amounts to one failed doping test. If found guilty Russell could face a maximum ban of up to two years.They have promised a decision I think in the next two to three weeks, but a date would be sent to us shortly, Patrick Foster, Russells lawyer, said after both parties made their final submissions in front of the three-member panel on Thursday in Kingston.During the hearing, which lasted nearly six hours, Foster told the tribunal that Russell had always adhered to the rules and had complied with tests, both at the local and international level. Foster stressed there was confusion in communication about the third filing failure, and Russell could not be penalised for no fault of his.According to the Jamaica Observer, while summing up his arguments during Thursdays hearing, Forster reportedly told the tribunal that if firm evidence of negligence was indeed established and Russell was found guilty then, keeping in mind his history of complying with testing protocols in the past, he ought to be banned for not more than one year.Forster, howeveer, insisted that the evidence presented by JADCO against his client was thin.dddddddddddd Our contention is to prove an anti-doping violation there must be three filing failures, Forster said. And we have said, based on the evidence that they should not be comfortably satisfied that there have been three filing failures; in which case the complaint should be dismissed. Our position is evidence is not sufficient to disclose three filing failures. And if the three cannot be proved the case cannot be made out.JADCOs legal counsel, Lackston Robinson, did not speak to the media but reportedly told the tribunal that Russells failure to file his whereabouts in 2015 could not be absolved by his compliance with tests in various jurisdictions. Robinson specified that the dates by which Russell had to inform JADCO whether he would be filing his whereabouts were December 31, 2014, June 30, 2015 and July 24, 2015.Robinson said that JADCO had no obligation to prove Russells gross negligence. He stated that as far as JADCO was concerned, the case was simple: Russell had to meet the deadlines for filing his whereabouts and he did not comply.Russell, a sought-after player in T20 leagues around the world, has spoken only once since JADCO laid the charge. In July, while playing the Caribbean Premier League, Russell said he found the allegations stressing and depressing. Russell had also missed the T20I series against Pakistan in the UAE in September. ' ' '