World Anti-Doping Agency agrees to conduct review into doping case which allowed Chinese swimmers to compete at Tokyo Olympics

Almost a week on from the story that rocked world sport, when Julian Linden first reported that many Chinese swimmers were allowed to compete at the 2021 Tokyo Olympics despite positive drug tests, WADA has acted. But is it enough?

WADA Polish President Witold Banka has defended his organisation.. Picture: Fabrice COFFRINI / AFP

The World Anti-Doping Agency (WADA) has agreed to conduct an independent review into how Chinese swimmers were cleared to compete at the 2021 Tokyo Olympics after testing positive to a banned performance-enhancing drug.

Responding to the firestorm of criticism that has erupted since this masthead first reported the news last week that 23 Chinese swimmers were let off after being found with traces of trimetazidine in their test samples, WADA said it had appointed retired Swiss prosecutor Eric Cottier to review the case files.

WADA said Cottier had been asked to look into specific complaints that have arisen, whether WADA was partisan towards China and also whether WADA was right not to challenge the assertion by the China Anti-Doping Agency (CHINADA) that the swimmers were innocent victims of a mass contamination.

WADA has appointed an independent prosecutor to review the Chinese swimming drugs case. Picture: Manan Vatsyayana/AFP

“WADA’s integrity and reputation is under attack. In the past few days, WADA has been unfairly accused of bias in favour of China by not appealing the CHINADA case to the Court of Arbitration for Sport,” WADA President Witold Banka said.

“We continue to reject the false accusations and we are pleased to be able to put these questions into the hands of an experienced, respected and independent prosecutor.”

The appointment of Cottier followed quickly on the heels of Sport Integrity Australia (SIA) boss David Sharpe confirming he had written to the global regulator asking for greater transparency around the process.

SIA has since issued another statement welcoming WADA’s decision, with Sharpe saying he “hopes this review will provide clarity and ensure faith is maintained in the global anti-doping system in the lead-up to the Paris Olympics and Paralympics.”

WADA said Cottier was expected to deliver his findings within two months, ahead of the start of the Paris Olympics.

The World Anti-Doping Agency has been accused of being bias towards China. Picture: Andrej Ivanov/AFP

In addition, WADA will send a compliance audit team to China to assess whether its anti-doping program is fully compliant with the global regulations.

Meanwhile, WADA’s Athlete Council chair Ryan Pini, a former Papua New Guinea swimmer, called for a separate inquiry into how the names of the Chinese swimmers were leaked, saying it was an unfair breach of their privacy.

“It is a matter of great concern for us that these athletes, who given the facts of this case, are entirely innocent and, in fact, victims of contamination without any fault or negligence on their side, are now being accused of wrongdoing with their names and sensitive details about them being published,” Pini said.

“I have asked WADA to conduct a full inquiry into what led to this information being leaked to the media and to take all necessary steps to sanction those responsible for exposing these athletes to unfair criticism and to ensure athletes rights are protected.”

WADA’s announcement attracted a sharp rebuke from the United States Anti-Doping Agency (USADA), which questioned the independence of Cottier, and the complaints from the Athlete’s Commission.

“WADA’s latest statement exemplifies the problem with the current system. On its face, it sends the message that this is just a circle the wagons exercise to protect the system. It sends the message that the global regulator does not follow its own rules and then it gets to cherry pick an attorney from its own backyard without any independent athlete input or participation,” USADA said.

“The announcement also scares off whistleblowers from coming forward by threatening them. We know whistleblowers already came to WADA, and with this threat, WADA is jeopardising any real opportunity to get to the truth.

“By calling this an “independent” investigation, WADA leadership is trying to pull the wool over our eyes. Instead of WADA’s hand-picked lawyer with a limited and self-serving scope of review, the world’s athletes deserve a truly independent review commission with a wide scope of review that is constituted with an independent athlete representative and impartial respected jurists with anti-doping experience appointed by government consensus.

US Anti-Doping Agency (USADA) boss Travis Tygart has been highly critical of WADA. Picture: John Thys/AFP

“A truly independent investigation also requires investigation of facts on the ground in China related to this case to include interviews of hotel staff, athletes, coaches, etc. (not just a compliance audit of CHINADA, which should have been done in 2021), immunity for whistleblowers to include WADA and CHINADA employees, full access to all internal emails from WADA and CHINADA, and raw data from the laboratory in China. All findings, and the documents upon which those findings are based, must also be published.

“Anti-doping organisations around the world are regularly announcing no fault cases because the rules require it. Even in situations where USADA does not agree with the rules, we uphold them because that ensures every athlete worldwide is held to the same standard. And yet, WADA leadership is undermining that global agreement by giving free passes at its own discretion.”

Swimming Australia on Friday released a statement supporting WADA’ review.

“Over the past few days, our sport has absorbed news of the 23 Chinese swimmers who tested positive for TMZ some months prior to the 2021 Tokyo Olympics,” said CEO Swimming Australia Rob Woodhouse.

“Today, we welcome the news that WADA has launched its own independent review of how these positive doping tests of Chinese swimmers were handled.

“While findings of this review will not be delivered for two months, Swimming Australia has additionally called for assurances and clarity from WADA around their processes performed in handling this case to restore faith in the global anti-doping system.

“Swimming Australia is committed to clean sport and the strict enforcement of anti-doping rules – to be applied equitably - to maintain a level playing field without exception.

“Transparency and trust are the corner stones of the anti-doping system, and we hope the Independent Review provides further clarity on the processes involved in this instance.

“We are not alleging any wrongdoing but we are calling for transparency and, like the rest of the sports world, we await the findings.”