We’re not turning a deaf ear to this matter. We're just trying to stay reasonable and respect Yuzuru's decision because we think what he did was sensible.
For those who are persistently bringing up the incident, please step back and try to look at the issue from a legal rather than sentimental perspective.
I admit that I’m not a legal professional nor am I a legal expert, but I would like to share a piece of my thought based on my little knowledge of law. Feel free to correct me if I’m wrong.
Yuzuru told the media, “I felt what he did was probably
intentional.”
We might go into Semantics and argue endlessly about meaning, but it doesn’t really matter, because what transpired in the general public mind (pragmatically-speaking) is that Yuzuru made an allegation that the other party had the
intent of committing the wrongful act and breaching the standard of conduct. Yuzuru could have been more tactful and indirect by saying “He interrupted me twice when my music was playing the previous day. I brought this to his attention and we talked over it after practice, but he interrupted me again during the practice today. I felt that he was
negligent. He did not abide by the standard of conduct. I lost my temper and yelled at him.”
The word '
intentional' used by Yuzuru here has a strong sense. I won’t fault Yuzuru for not having had the presence of mind to phrase his words diplomatically, because who wouldn’t blow their fuse and lose their presence of mind if they’re being constantly interfered like this? I know I would. It’s not a one-off incident, but continuing events that caused him to arrive at such opinion.
But from a legal perspective, there are several requirements for this incident to be considered as a case of intentional tort:
a. A duty of care: Denis has the responsibility/obligation to abide by the code of conduct, i.e. the unwritten rule that skater whose music is playing has the right of way. Even though the rule is unwritten, it is still debatable. Though I wish ISU had this rule in writing.
b. Intentional breach of duty of care: Denis violated the code of conduct by interfering Yuzuru’s path three times when his music was playing, but is there enough evidence that indisputably proves that the act was more than likely intentional on the balance of probabilities? Sure, we have the video clip, but it's not enough to attest to the '
intentional' claim made by Yuzuru. Denis might simply have been
negligent.
c. Tangible or intangible loss on the part of the claimant and causality: Any significant physical or mental damage to Yuzuru as the result of the wrongful conduct? No. Harm to reputation? Maybe, but is it significant enough to cause his federation or agency to lay him off? No. Is it significant enough to disrupt his life? No.
No matter how I see it, it’s Yuzuru’s case to lose. Had he said ‘
negligent’ instead of ‘
intentional’, the case could have been resolved in favor of Yuzuru, Kazakhtan Federation would have relented, and Denis/his federation would have no choice but to apologize to him. But what’s being circulated by the media, domestic and overseas alike, is the strong word ‘
intentional’, which prompted Kazakhtan Federation to view it as an accusation and defamation of character as it has caused harm to Denis’s reputation and subjected him to mental anguish due to the slanders he received on the social network. Of course, we expect Denis/his federation to apologize, but had he done so, he would have effectively admitted to
intentional violation of rule, while it could have been that he was just
negligent. That would be a huge blow to his pride and reputation.
I applaud Yuzuru for his commendable action of
taking the initiative to resolve the conflict by offering a handshake as a gesture of reconciliation. Had the incident been blown out of proportion more than it has been, had JSF brought the case to ISU to be reviewed, and had he lost the case, I can’t imagine the repercussion it would have had on Yuzuru’s reputation. It might have worsened instead of redeeming his image in the public eyes. He can’t risk it. JSF can’t risk it. That's why I was saying regardless of whether the other party has apologized or not, we should let it go. In the end, if we ignore this incident, it will blow over sooner or later. As long as he keeps winning and getting medals, people will quickly forget about this incident.
