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Sun Yang in front of the Cas: 200 doping tests, 200 milliliters of blood, 200 questions

2019-11-16T13:58:54.329Z


The hammer affair surrounding a destroyed doping test of the Chinese swimming star Sun Yang remains curious: at the hearing in front of the sports court there were absurd scenes - and good arguments of the other side.



"Sorry, what's going on, who's that?"

Cas judge Franco Frattini was visibly irritated when a man in a light blue shirt ignored the cordon between the audience and spectator seats to sit to the right of Sun Yang and discuss with him. China's swim star had just paused his closing remarks to wave this man vigorously. Because he was worried that the contents of his speech would not be fully transported. At least that's how it conveyed the translator already sitting to Sun's left.

It was a remarkable ending to a no less remarkable day that had started with language problems ten hours earlier.

Sun right at the beginning of the hearing before the Court of Justice Cas Sun should set out his view of the now infamous Hammer affair to a destroyed doping test, for which he should be banned for up to eight years, according to World Anti-Doping Agency Wada. Only: Understanding was hardly something.

When Sun entered the witness stand shortly after nine o'clock in the morning, it soon became clear that nobody would be much smarter here, as the translator was hardly more powerful in English than Sun would have been. Sometimes the three-time Olympic champion, whose eyes twitched nervously at the beginning of his speech, but his voice in the course of the survey always solid and his features were always quiet. Only his statements for the judges and the lawyers were hard to understand. Because instead of explanatory translations came during the almost two-hour questionnaire usually only meaningless shreds on the speakers.

An absurd situation brought about by Sun himself. His team had provided the translators. Thus, the Cas rules provide that the accused should finally be able to present himself in the best possible way. "Disaster," Wada lawyer Richard Young called it. No chance for a reasonable cross-examination. It went so far that Sun's lawyer - apparently supported by others in the translation - intervened to point out that just "200 doping tests" had been translated with "200 milliliters of blood".

Language problems as a strategy?

Was Sun the repeated question of whether after 200 doping tests in his career, he really did not know what consequences it would have if the inspection team could not take the samples, so not repeatedly dodged, he simply had not understood? At least he did not answer them. No big problem for Young, who seems confident in his cause.

Young is not just any lawyer. He represented, for example, the United States Anti-Doping Agency against Lance Armstrong and his colleague Floyd Landis and the sprinter Marion Jones. The Wada had stood out when Sun was suspended in retrospect and initially unnoticed three months in 2014, and also in the scandal of Russian state doping, she did not look good. The world anti-doping authority has so much to lose, they had just announced improvement.

JEAN-CHRISTOPHER BOTT / EPA-EFE / REX

The Sun Yang case is only the Cas's second public trial

In fact, after ten hours and nine testimony before the tribunal, Sun's side will not win this fight. Whenever they felt cornered by the five witnesses, they retreated to the same statements: The control team was unable to identify themselves sufficiently. No authority, no proper doping control, no offense. The core of their defense. By the way, the parties had agreed that a Wada employee would take over the translation.

60 tests - no complaint

The Wada had two arguments to counter Sun's arguments: First, there was Wada employee Stuart Kemp, one of the authors of ISTI, the global test rule, who pointed out that the passages quoted by Sun's side as evidence of lack of documentation were the so-called Wada statements. Conduct policies. Recommendations that are not legally binding. For the ISTI it is therefore completely out if the team can show a power of attorney, as happened in the current case.

In addition, the Wada numbers brought into play: 19,000 tests have the Swedish service provider IDTM carried out in 2018 with the power of attorney in question. And never had an athlete objected to the power of attorney. Sun itself has been tested 60 times by IDTM, but has never protested.

The difference this time obviously: The assistant, who should have accompanied Sun in the delivery of the urine sample, had outed himself as a fan and made photos and videos of Sun - and made the 27-year-olds so suspicious. Of course, if that happened, it would be highly unprofessional, the Wada said. However, she referred to the usual procedure, in case of doubt to hand over the required samples and at the same time to record his own objections in writing.

That neither the assistant, nor the controller, nor the nurse, whose qualifications were also questioned, were presented as witnesses to the Wada had to do with "questions of intimidation and security," said Young, without going into more detail.

Sun wants to blame his doctor

Between the lines could be heard yet another defense strategy: The Sun side offers already banned twice for doping offenses Ba Zhen as a scapegoat. Originally, Sun said he had taken the sample that was later smashed. Well, let Dr. Ba. Ba, Sun's doctor for ten years, first raised the issue of lack of authority. At a time when Sun had long ago given blood without objection. "Athletes can not transfer responsibility," said Young, "This is not a credible defense."

REUTERS / Denis Balibouse

After the hearing, Sun Yang presented with his mother, Ming, who had been there that night

A decision will be announced by the Arbitration Court in January at the earliest. However, there is little evidence that the judges merely confirm the Fina's warning.

In his closing remarks, Sun, who had been sitting almost motionless next to his lawyer for the entire ten hours, once again pointed out that he was fighting for the rights of athletes to "protect the integrity of the sport". And he asks, "If the inspector brings unauthorized personnel, how can I protect myself?"

The man with the blue shirt was already sent back to the auditorium by presiding judge Frattini at this time. He had indeed heard the translating team of Sun, but that was not known, said a Cas spokesman. In other words, the man whom Sun Yang trusted was not properly authorized.

Source: spiegel

All sports articles on 2019-11-16

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