Court of Arbitration for Sport reveals why it gave Sun Yang 8-year ban for doping
The report detailing the reasons for swimmer Sun Yang’s eight year ban has revealed the number of times the World Anti-Doping Agency complained about witnesses being intimidated. READ THE FULL REPORT
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The release of the full report into Sun Yang’s doping case has lifted the lid on the extraordinary lengths the disgraced Chinese swimmer and his lawyers went to in order to try to wriggle out of his brazen act of cheating.
The Court of Arbitration’s explosive 78-report could not have been more scathing of Sun’s behaviour, including repeated warnings about intimidating the independent testers who carried out the aborted out-of-competition at his home in China in September 2018 and were material witnesses.
Sun and his team denied intimidating the three doping officers who were in attendance when he destroyed his own blood samples before they could be tested for drugs but none appeared at his public hearing in Switzerland after expressing fears for their safety.
The damning judgment also found:
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•Sun’s lawyers went to extreme lengths to have the case thrown out then delayed, which ultimately allowed him to compete at last year’s world championships
•The FINA Doping Panel that initially cleared him of any wrongdoing ruled incorrectly
Sun’s behaviour during the court hearing indicated that he did not respect authority or procedures and he showed no remorse for his actions
•The eight-year suspension was “harsh” but the offence was so serious the arbitrators had no alternative other than to impose the maximum penalty
•Sun’s claims the doping control officer failed to warn him about the consequences he faced for destroying his samples was untrue
•Sun’s key argument that the testers were not properly authorised so his actions in destroying the samples was justified was incorrect
“The actions of the Athlete were wholly inappropriate. There was no justification, whether compelling or otherwise, for him to act as he did,” the report stated.
Sun has vowed to appeal the verdict to the Swiss Federal Tribunal but legal experts have said his chances of success are slim because only procedural matters can be considered.
It was clearly stated in the CAS report that Sun and his lawyers were satisfied that the public hearing was conducted properly and any translation issues had been resolved to the satisfaction of all parties.
The report could not have been more critical of Sun’s actions but perhaps the most alarming revelations were the number of times the World Anti-Doping Agency complained about witnesses being intimidated.
Sun and his team denied any involvement in the alleged intimidation though he did confirm his mother Ming Yang had approached two of the testers to “gather information about the case and seek assistance from them” though he refuted the suggestion it was to intimidate the witnesses.
WADA however said the testers were “concerned for their physical and economic well-being, and for the well-being of their family members” and “fearful that, if they would agree to testify in this proceeding, they would suffer significant retaliation in some form from the [Athlete] and/or his entourage and supporters”.
CAS issued a stark warning that no-one was to speak to the witnesses and agreed that they could provide their testimony under protection and in private after Sun’s team called for a public hearing in Switzerland.
The female doping control officer (DCO) agreed to travel to Sweden for a deposition while the female nurse (BCA) who collected Sun’s blood samples testified via video from an undisclosed location in China.
The chaperone (DCA), a Chinese male whose job was to witness Sun provide a urine sample, did not testify.
On September 19, WADA lodged another complaint that the nurse was intimidated “by someone closely connected to this proceeding and intended to influence whether or how the BCA might testify”.
Sun’s lawyers again denied any knowledge of the alleged witness intimidation but CAS issued another reminder “ that parties, counsel and anyone associated with them are strictly prohibited from intimidating or contacting (save for organisational matters) [the BCA] and are prohibited from disclosing any personal information or the modalities of her testimony.”
Then on October 30, WADA informed the CAS that yet another act of intimidation had occurred against the nurse.
On December 5, after the case had already been heard in Switzerland, WADA complained that Sun’s mother had released a video depicting the doping control officer and the nurse and someone from Sun’s entourage had contacted the hospital where she worked.
Two weeks later, WADA alleged Sun intimidated the doping control officer with a social media posting but he denied any breach because he did not name her.
Sun boorish, arrogant and guilty
Update: The three independent arbitrators who threw the book at Sun Yang conceded the eight-year ban was “harsh” but they had no alternative than to give him the maximum penalty because his offence was so serious.
And in a stinging rebuke to the disgraced Chinese cheat that will resonate with Mack Horton and every other clean swimmer who has crossed paths with Sun, the Court of Arbitration for Sport’s panel said he didn’t help himself by his boorish behaviour.
During his public hearing in Switzerland last November, Sun stunned court officials with an astonishing display of arrogance and total disregard for the rules of law.
Midway through his closing statement – in which he launched a blistering attack on his critics, including News Corp Australia – Sun ordered a friend to join him on the stand without asking the permission of the arbitrators, who were clearly unimpressed and told him so.
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In the damning 78-page verdict that ends Sun’s career in the pool, the arbitrators said they taken close note of his actions.
“In the course of the hearing, as occurred during the sample collection process on 4 September 2018, the Athlete sought to take matters into his own hands: unexpectedly, in the course of the closing statement he was invited to give by the Panel, he invited an unknown and unannounced person from the public gallery to join him at his table and act as an impromptu interpreter.
SEE THE FULL CAS REPORT BELOW
“He did not seem to deem it necessary to seek the permission of the Panel, or to otherwise act in a manner which suggested that he respected the authority of others, or of established procedures.
“The Athlete is a world class athlete, with an impressive list of sporting achievements; he is not, however, above the law or legal process. The rules apply to him as they do to all athletes, and he is required to comply with them.”
The panel rejected all of Sun’s key arguments out of hand, including his incorrect assertion that the doping officers who carried out the test were not properly authorised so he was within his rights to destroy the sample then ripping up the forms he had already signed.
“The Athlete and his support staff were – or should have been – mindful that serious consequences could follow in case the blood sample collection process was prematurely ended without compelling justification,” the report said.
“Nonetheless, he and they persisted in obtaining control of the blood samples with a view to destroying them. It is one thing, having provided a blood sample, to question the accreditation of the testing personnel while keeping intact the samples in the hands of the testing authorities while awaiting the next procedural step(s).
“It is quite another thing, after lengthy exchanges and warnings as to the consequences, to act in such a way that results in one of your bodyguards destroying the sample containers, with the consequence that the possibility of proceeding to test the sample is eliminated.”
The arbitrators also noted that Sun showed no remorse for his audacious disregard of the rules and instead of owning up, he tried to blame everyone else, which was partly why CAS was left with no option other than to impose the full eight year ban.
Originally published as Court of Arbitration for Sport reveals why it gave Sun Yang 8-year ban for doping