David Nalbandian!!!!

[Kuipers Supporters Club]

Wikis definition of assault is

In law, assault is a crime which involves causing a victim to apprehend violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more limited sense of a threat of violence caused by an immediate show of force.[1][2] Assault in some US jurisdictions[which?] is defined more broadly still as any intentional physical contact with another person without their consent; but in the majority of the United States, and in England and Wales and all other common law jurisdictions in the world, this is defined instead as battery. Some jurisdictions have incorporated the definition of civil assault into the definition of the crime making it a criminal assault to intentionally cause another person to apprehend a harmful or offensive contact.

I don't know about anyone else, but to me, it clearly it wasn't assault - it was an unintentional accident. Clumsy and bad tempered, but an accident

It could be considered reckless, I am not saying it is, but the law is open to interpretation.

 

[Jambo Seagull]

It could be considered reckless, I am not saying it is, but the law is open to interpretation.

More pertinently, surely they've got more important alleged crimes to "investigate" than this.

 

[Uncle Spielberg]

I don't think it is pathetic he is being investigated by the old bill I think it is entirely appropriate. If it was my Dad sat there and the tosser did that to him I would have no hesitation making it a police matter. It is not a sporting injury as being a line judge do you not expect some bloke twice the size of you and half your age to kick a boarding into your leg with brute force. It is not in the job description. He should have to pay him a far amount of compo and be banned for Wimbledon imo.

 

[CHAPPERS]

I don't think it is pathetic he is being investigated by the old bill I think it is entirely appropriate. If it was my Dad sat there and the tosser did that to him I would have no hesitation making it a police matter. It is not a sporting injury as being a line judge do you not expect some bloke twice the size of you and half your age to kick a boarding into your leg with brute force. It is not in the job description. He should have to pay him a far amount of compo and be banned for Wimbledon imo.

No.

 

[Kuipers Supporters Club]

More pertinently, surely they've got more important alleged crimes to "investigate" than this.

Yes, I agree.

 

[Albumen]

I don't think it is pathetic he is being investigated by the old bill I think it is entirely appropriate. If it was my Dad sat there and the tosser did that to him I would have no hesitation making it a police matter. It is not a sporting injury as being a line judge do you not expect some bloke twice the size of you and half your age to kick a boarding into your leg with brute force. It is not in the job description. He should have to pay him a far amount of compo and be banned for Wimbledon imo.

It was stupid, and will cost him. It's cost him a title and lots of money, possibly loss of sponsor money too. The judge should get compensation from the ATP, who should fine Nalbandian. What's it got to do with Wimbledon and the police? f*** all.

 

[Uncle Spielberg]

It was stupid, and will cost him. It's cost him a title and lots of money, possibly loss of sponsor money too. The judge should get compensation from the ATP, who should fine Nalbandian. What's it got to do with Wimbledon and the police? f*** all.

I can see why the Police would want to look at it. It was ABH.

 

[TWOCHOICEStom]

No.

Why no?
He absolutely leathered those boards knowing full well what he was doing and didn't exactly look sorry afterwards. If he'd reacted differently he might have got away with it. But for me, to be that much of a prick in the first place, then blame the ATP, he should be banned.

Put it this way, if a footballer did the same thing to an official, they'd get a good few matches wouldn't they?

 

[Hillian1]

A big hole in his leg and blood pouring out, yep a total over reaction.

US, as much as I think what he did was wrong and should be punished, it certainly was not "a big hole" and blood was not "pouring out", trickling would be more accurate.

 

[Hamilton]

I don't think it is pathetic he is being investigated by the old bill I think it is entirely appropriate. If it was my Dad sat there and the tosser did that to him I would have no hesitation making it a police matter. It is not a sporting injury as being a line judge do you not expect some bloke twice the size of you and half your age to kick a boarding into your leg with brute force. It is not in the job description. He should have to pay him a far amount of compo and be banned for Wimbledon imo.

Agree with this.

 

[CHAPPERS]

Why no?
He absolutely leathered those boards knowing full well what he was doing and didn't exactly look sorry afterwards. If he'd reacted differently he might have got away with it. But for me, to be that much of a prick in the first place, then blame the ATP, he should be banned.

Put it this way, if a footballer did the same thing to an official, they'd get a good few matches wouldn't they?

Maybe, maybe not. I just don't see that accidentally injuring an official during a moment of petulance means he deserves to be banned from a whole tournament.

 

[Uncle Spielberg]

Maybe, maybe not. I just don't see that accidentally injuring an official during a moment of petulance means he deserves to be banned from a whole tournament.

Very liberal use of the word " accident " there. It did not take a rocket scientist to work out smashing a boarding with a bloke sat a couple of inches behind it was never going to end up very well.

 

[Uncle Spielberg]

US, as much as I think what he did was wrong and should be punished, it certainly was not "a big hole" and blood was not "pouring out", trickling would be more accurate.

It looked pretty nasty.

 

[Simster]

It looked pretty nasty.

When are you going to proclaim David Nalbandian as the most evil professional sportsman who has ever lived?

Can we just get the bit out of the way so that I can avoid the binfest, as you will notice I don't get involved any more.

 

[Hillian1]

It looked pretty nasty.

Sorry US, my grandchildren get worse cuts and grazes every time we play in the garden, they are normally cured by a kiss and a cuddle.

p.s. What he did was wrong, end of.

 

[Rich Suvner]

Maybe, maybe not. I just don't see that accidentally injuring an official during a moment of petulance means he deserves to be banned from a whole tournament.

accidentally injuring? the guy is hardly mentally retarded.

the official was sat about 6inches behind the boarding and about a foot away from Nalbandian at the point he aimed his kick. he showed no remorse despite doing something that was clearly going to cause injury to the guy sat directly in his path.

if you were stood behind a pane of glass a few feet away, that i decided to put through with a brick, could i genuinely suggest i didn't think my actions may put your safety at risk?

 

[drew]

The Police are only investigating because someone made a complaint. I very much suspect that they wish they didn't have to but then you would have to ask the person who has complained what they hope to gain from it! If it's the line judge, not sure what a conviction for assault is going to help him. He can already make a civil claim for injury resulting from the tennis player's negligence and that would either be against the player himself or even the event organisers, both of whom will probably have insurance to cover this sort of thing.

As for some of the comments regarding the injury, yes it bled but it wasn't a serious injury and didn't, apparently, need any stitches. Still, some people do like to make a drama out of a crisis!!!!

 

[Everest]

Sorry US, my grandchildren get worse cuts and grazes every time we play in the garden, they are normally cured by a kiss and a cuddle.

Maybe that's what Nalbandian should have done then

 

[Lady Whistledown]

An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force.

So under the law he COULD be found guilty, but it is Unlikely.

Au contraire, I would say that given the evidence available- principally the television footage- it is almost certain he would be found guilty, as I can't possibly see what legal defence Nalbandian could mount. It's perfectly obvious to any observer how close the boards are to the official and that there was a risk of harm to him if the board was kicked with sufficient force. Frankly, if he was even charged, a solicitor would probably advise him to plead guilty at the first opportunity.

That said, I doubt very much that David Nalbandian has any previous criminal history in this country, being Argentinian, therefore assuming he was spoken to by police, and admitted the offence (he'd be mad not to under the circumstances), the likely outcome would be a police caution at the absolute worst.

And yes, the police no doubt do have more important things to be dealing with, but if the aggrieved party has made a complaint, and there is reasonable evidence of an offence having occurred, they are obliged to deal with it. They don't have the power to tell the old boy to do one, because the whole world has seen what happened. If I'm honest, I'm not quite sure what the aggrieved party is expecting will happen as a result: as I said previously, the worst I'd expect is a caution, so it's not like Nalbandian is going to be punished in any meaningful sense. Plus the criminal courts- if it by some miracle got that far- won't dish out massive compensation, so if he's after the money, he's going to be disappointed there.

Personally, if I was on the receiving end of that, I'd be annoyed at first, but ultimately it's pretty obvious the tennis player just had a moment of madness, he's lost a tournament he was well set up to win as a result, and he's bloody pissed off about it. That would be enough revenge for me. Frankly I wouldn't even entertain the notion of making a criminal complaint. But that's just me. Some people complain about far less.

 

[happypig]

If it came to court and compensation were to be awarded, for that sort of injury you would be looking at £50-100.