Netball New Zealand won't get the day in court they so desperately wanted to challenge Cathrine Latu's eligibility, but they are determined to push the sport's world governing body for changes to international eligibility.
Netball NZ's bid to have Latu, a former Samoan representative, cleared to play for the Silver Ferns at this year's world championships has come to a dead end after the International Court of Arbitration for Sport (CAS) yesterday ruled the case is inadmissible because of a timing technicality.
But Netball NZ chief executive Raelene Castle believes the case has highlighted a wider issue over New Zealand-born athletes with Pacific Island heritage.
Castle plans to lodge a discussion paper with the International Federation of Netball Associations (IFNA) advocating that the eligibility issue around Pacific Island players be re-examined.
The paper must be lodged by next Monday to ensure it will be on the agenda when the IFNA congress next meets in Singapore during the July world championships.
Castle's stance, which is supported by her Australian counterpart Kate Palmer, is that while it is important to protect the integrity of the world netball championships to ensure the competition is a genuine country vs country battle, the current rules mean that the gap between the top four countries and the rest of the world will only continue to widen.
There are at present six or seven players in the ANZ Championship with Pacific Island ancestry but they won't be playing at the world championships as it would compromise their transtasman league contracts and their future eligibility to play for New Zealand.
Castle believes they need to find some middle ground that would ensure some flexibility for New Zealand-born players with Pacific Island heritage to move between countries while still maintaining the integrity of the world netball championships.
While Castle is concentrating her efforts on the bigger picture, she is bitterly disappointed that the national body won't even get a hearing over Latu's eligibility.
"The most disappointing thing is all we've ever asked for is to have someone independent to review the facts of the case, and we still haven't got that," said Castle.
Netball NZ were yesterday advised the case could not be heard because they launched their proceedings against IFNA too late - by about 14 months. The CAS ruled Netball NZ should have applied to have the case heard after the International Federation first declined Latu's application in October 2009.
However, Castle said they were in discussions with IFNA over the issue until last December and it was only when IFNA refused to engage on any other level that Netball NZ resorted to taking the rare and dramatic step of appealing to the world's highest sporting judicial body.
Castle is disappointed it took the CAS so long to advise Netball NZ that they were not willing to hear the case on the basis of this technicality.
The protracted nature of their dealings with the CAS forced the New Zealand selectors to name Latu in the world championship team last week, pending the outcome of the appeal.
It was always a gamble on the selectors' part, and in this case it has proved an extremely costly one, creating a messy situation where they must now go cap in hand to a player they initially overlooked and hope they have the maturity to get past that.
But Castle believes they did the right thing in naming the team last week.
"The timing of the naming of the team was about looking after the 11, so it was making sure the rest of the team could get on and focus on the ANZ Championship without that selection hanging over their head."
The selectors have set themselves a deadline of two weeks to name a replacement for Latu. The likely contenders are Daneka Wipiiti, Anna Thompson or uncapped Magic star Julianna Naoupu, who is ironically also of Samoan descent.
FIGHT FOR LATU
October 2009: NNZ first approach IFNA to consider Latu's case to represent New Zealand before she has served her mandatory four-year stand-down. IFNA decline, but dialogue continues between the two parties over the next 14 months as NNZ attempt to get the facts of the case reviewed by an independent mediator.
December 2010: IFNA refuse to engage with NNZ at any other level, and the national body appeals to the International Court of Arbitration for Sport.
April 19, 2011: Latu named in the Silver Ferns world championship squad pending the outcome of the CAS hearing.
April 26, 2011: The CAS inform NNZ that their case is inadmissible because of a timing technicality, ruling the national body should have lodged their appeal within 21 days of IFNA's original refusal back in October 2009.
Netball NZ in drive to change eligibility rules
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