"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 is not running scared from Hewitt's threat of legal action if they do 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 said.
"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 is not the issue, but it is a matter of principle and they are 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 cheque 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.
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