Sun Yang’s anti-doping charges should be thrown out: the case closed on the night bumbling testers failed to show credentials
- Fina and China anti-doping rules say each member of the collecting team must show ID proof; only one of the three in Sun’s case was able to do so
- ‘Wada should drop [the case] because it’s expensive and they should lose on the merits of the case,’ investigative journalist Rick Sterling says
The Swiss Federal Tribunal was wrong to send Sun Yang’s doping case back to the Court of Arbitration for Sport (CAS). It should have dismissed the initial CAS ruling altogether, cleared Sun of wrongdoing and ordered damages to be paid to the Chinese swimmer by bodies that were shoddy in interpreting the evidence and personalities quick to humiliate him in public because they “know” he was guilty.
It may be that such a call was not within the powers of Switzerland’s highest court, which targeted CAS chair judge Franco Frattini – the former Italian foreign minister – as being biased because of his history of posting anti-Chinese comments on social media in relation to the treatment of animals by some people in China.
Frattini’s tweets in 2018 and 2019 is merely a thin coat covering deeper layers of impartiality that infect organisations empowered to change people’s lives on a whim.
However, even without the racism factor, the Swiss judges must be asking themselves how the case even progressed that far and why the World Anti-Doping Agency (Wada) – which contested swimming governing body Fina’s initial ruling to simply warn Sun – failed to expound on the evidence according to entrenched rules.
Tracking back to the incident that sparked off the controversy, the fact remains that when dope testers arrived at Sun’s home in Hangzhou on the night of September 4, 2018 two of the three collectors failed to produce the identity documents required under Fina and Chinese Anti-Doping Agency regulations. Case closed there and then. However, CAS, in its ruling, said the single genuine ID sufficed for the whole team, going against established laws. Sun had been tested enough times in his career to know the procedure. According to an article by investigative journalist Rick Sterling, Sun was tested on August 15, 19, 20, 21 and 24, 2018 plus again on September 28 with no issues.
“You will see that there is strong evidence in support of Sun Yang. I believe Wada should drop the case. The Fina decision was correct,” Sterling said.
Three-time Olympic champion Sun also had no reason to doubt the authenticity of the doping control officer (DCO), blood collection assistant (BCA) and doping control assistant (DCA) – all working for private contractor International Doping & Testing Management (IDTM).
He complied initially and it was only when one of the team started to take photos that Sun became suspicious because this was not part of the process. He then asked the team to produce proof that they were, indeed, qualified drug testers. The DCO provided this but the BCA and DCA failed to do so.
Sun, still happy to take the test, asked them to bring others who were qualified and after consulting the IDTM head office in Sweden, the DCO refused the swimmer’s request. Sun then asked his doctor, Ba Zhen, to come to his house and witness the procedure. After Sun and Ba discussed the situation with the Chinese swim team captain, they agreed that the IDTM team was not qualified to conduct the test and demanded it be aborted and the blood sample disposed of.
The DCO informed them that, according to the IDTM head office, the equipment cannot be left behind and that is when Sun ordered the vial of blood to be smashed so the team could take away the shards of glass. Ba wrote a statement that the tests could not be completed because of a lack of proper certification and this was signed by the IDTM team before they left.
Fina ruled that Sun had not committed an offence because two of the testers were unable to produce adequate ID and, crucially, the DCO failed to warn Sun that his actions may constitute failure to comply and tampering with a sample. Instead, she told him “go ahead” and “do what you have to”, according to Sterling’s piece.
“Fina said that other members of the team needed certification,” Sterling said. “Plus, Fina said the warning to Sun Yang was inadequate. This is a very important point. I think Wada should drop [the case] because it’s expensive and they should lose on the merits of the case.”
In addition, the DCO was known to Sun, who was reportedly rude to her during a doping test in 2017 when she was still a trainee tester. Despite a clear conflict of interest, she was still assigned by the IDTM manager in Sweden to lead the team to Sun’s home.
Doping is a major problem in world sport and once an athlete tests positive – be it from innocently buying medicine over the counter or deliberately cheating under a systematic programme – their reputations and achievements are forever tarnished. Their livelihoods are at stake.
It is worth noting that the drug Sun took in 2014 to treat heart palpitations – and resulted in a three-month suspension – was only made illegal four months earlier. He and his doctor claimed they were unaware of the new ruling. Had they known, Sun could have applied for a Therapeutic Use Exemption and swam in competitions legally even with the drug in his system.
Sun Yang is a polarising figure in world swimming and, at times, has displayed questionable behaviour in public. However, the court of public opinion may do well to look into the facts of what exactly happened after 10pm on September 4, 2018. Then again, what use is evidence when they already “know”.
