Shock as Chinese Olympic drug scandal cleared as Jack fought to save career
A prominent sports lawyer said it “beggars belief” that the WADA cleared a mass Chinese swimming drug scandal swiftly and discreetly prior to the Tokyo Olympics, as Shayna Jack was dragged through hell to prove her innocence.
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Prominent sports lawyer Tim Fuller said it “beggars belief” that the World Anti Doping Authority cleared a mass Chinese swimming drug scandal swiftly and discreetly prior to the Tokyo Olympics, at the same time Australian swimmer Shayna Jack was being dragged through hell to prove her innocence.
Fuller represented Jack during her two-year battle with WADA to clear her name, including an appeal that WADA launched after the Court of Arbitration for Sport ruled in her favour.
Jack eventually proved her positive test to ligandrol was the result of contamination, but she still served a two-year ban which ruled her out of the 2021 Tokyo Olympics.
Yet, as revealed by this masthead on Saturday, WADA and the Chinese anti-doping authority had at the same time ruled adverse analytical findings of 23 athletes seven months before the Tokyo Games was the result of contamination and no athlete served any ban.
Fuller expressed concern with a number of aspects of this decision. Firstly, the Chinese athletes do not appear to have been provisionally suspended. This means at the time an athlete is informed of their adverse analytical finding (AAF), they are automatically stood down.
WADA authorities have not confirmed the length of the provisional sanctions – let alone if there was one.
The decision of CHINADA to impose no sanction means that they found the athletes to be at no fault or no negligence.
Fuller said that it is historically almost impossible for an athlete to receive a no fault or no negligence decision.
“There have been a handful of such decisions since the World Anti Doping Code was founded. Now we have 23 more such cases and findings. This is a very unusual situation where WADA have not challenged the decision of CHINADA. WADA and World Aquatics had the right to appeal the initial decision – and have inexplicably decided not to do so,” Fuller said.
“It must be acknowledged that WADA run their ruler over every single anti-doping decision made in the world by sports that are bound by the World anti-doping code. On numerous occasions, they appeal decisions seeking harsher sanctions.
“It beggars belief that they did not challenge this in a hearing at the Court of Arbitration for Sport (CAS). They are practically saying that they believe all the evidence that was put forward, all of the athlete’s and Chinese Swim Federation’s arguments and nothing needs to be examined independently.
“No need for a court an independent arbitrator – there is no fault here fullstop.
“To say this decision is an outlier is an understatement. It is perplexing, inconsistent and the secrecy and efforts to disclose any publication or announcement is mystifying.
“It is the kind of decision that further erodes athlete confidence in WADA. The USA have long lacked confidence in this body and passed laws to enable the FBI to investigate international doping matters – regardless of what country or jurisdiction they occur in. Some professional sports in the USA have chosen not to be a signatory to the World Anti Doping Code (WADC)….UFC, NFL.
“Decision making like this may led to more exodus from WADA … the decision calls into questions their competency, legitimacy, integrity.”
Jack is just eight weeks from completing her own personal redemption story, preparing to qualify for her first Olympic Games team while competing at the Australian Open championships on the Gold Coast.
She will enter a three-day team camp with the Dolphins on Sunday but the news has dumbfounded those closest to her with the shocking double standards by WADA that dragged her through hell as she fought an expensive legal battle to clear her own name.
Fuller said he simply cannot understand why WADA agreed to the ruling when they’ve challenged almost every case involving a positive sample in recent history.
“WADA had the right under their rules to appeal this decision and they didn’t, that is what I think is mystifying everybody all over the world.”
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