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FINA supported Sun Yang against potential ban in doping case

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GENEVA (AP) — International swimming authorities worked to protect three-time Olympic champion a Sun Yang ban from the sport in a doping case, according to a Swiss supreme court document.

A verdict in the case against the Chinese swimmer is expected within days from the Court of Arbitration for Sport. But a federal court document shows that swimming governing body FINA supported arguments by Sun’s lawyers to have an appeal by the World Anti-Doping Agency thrown out early last year in a pre-trial dispute over an alleged conflict of interest for the agency’s lead prosecutor, American lawyer Richard Young.

The swimmer’s lawyers appealed to the Swiss Federal Tribunal, which dismissed their procedural objections weeks before a rare public hearing held by CAS last November.

“In the course of the proceedings, the swimmer and FINA raised a plea of inadmissibility because of the allegedly late filing of the (WADA) appeal brief,” said the Swiss federal ruling, dated Oct. 28.

Had Young, who previously prosecuted doping cases involving Lance Armstrong and Marion Jones and is based in Colorado, been considered ineligible for the case because of his past work for FINA, the WADA appeal could have technically missed its deadline and allowed CAS to decline jurisdiction.

Instead, Young stayed on the WADA team for the public hearing.

Sun is facing a ban of up to eight years for his alleged refusal to provide blood and urine in September 2018 in a visit by sample collectors to his home in China. WADA appealed after a FINA tribunal merely warned Sun and cited doubts about credentials shown by three sample collection officials.

FINA has faced criticisms in the past, including from some top swimmers, for favoring Sun during his career. It did not announce Sun’s three-month ban for doping imposed by Chinese authorities until after it ended in 2014.

The Lausanne-based FINA declined to comment on attempts to remove Young and stop WADA’s case. Young did not respond to an emailed request for comment.

Months before the public hearing by CAS, Sun’s lawyers and FINA asked Young to stand down from the case because of a possible conflict of interest. Young had resigned from FINA’s legal commission in February 2019 to free himself for WADA’s appeal, the federal court document stated.

The open-door doping hearing in Montreux, Switzerland, was streamed live for 10 hours on the CAS website.

Neither previous procedural appeal — judged by CAS in July and the federal court in October — was aired in the doping hearing when the sample collection incident was examined. During the late-night confrontation, a security guard eventually used a hammer to smash a container holding a vial of Sun’s blood as the swimmer lit the scene with his mobile phone.

“That is pretty sensational,” Young said three months ago in court. “But he (Sun) was nailed on a tampering violation before any of that happened.”

Sun has denied any wrongdoing. Any ban imposed in the coming days would likely prevent him defending his 200m freestyle title at the Tokyo Olympics.

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Salwa Eid Naser, world 400m champion, provisionally banned

Salwa Eid Naser
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Salwa Eid Naser, the world 400m champion of Bahrain, was provisionally suspended for missing three drug tests in a 12-month span.

“I’ve never been a cheat. I will never be,” Naser, 22, said in an Instagram live video. “I only missed three drug tests, which is normal. It happens. It can happen to anybody. I don’t want people to get confused in all this because I would never cheat.”

Naser said “the missed tests” came before last autumn’s world championships, where she ran the third-fastest time in history (48.14 seconds) and the fastest in 34 years.

“This year I have not been drug tested,” she said. “We are still talking about the ones of last season before the world championships.”

The Athletics Integrity Unit, which handles doping cases for track and field, did not announce whether Naser’s gold medal could be stripped.

“Hopefully, it’ll get resolved because I don’t really like the image, but it has happened,” she said. “It’s going to be fine. It’s very hard to have this little stain on my name.”

Naser, the 2017 World silver medalist, upset Olympic champion Shaunae Miller-Uibo of the Bahamas for the world title in Doha on Oct. 3.

The only women who have run faster than Naser, who was born Ebelechukwu Agbapuonwu in Nigeria to a Nigerian mother who sprinted and a Bahraini father, were dubious — East German Marita Koch (47.60) and Czechoslovakia’s Jarmila Kratochvilova (47.99).

“I would never take performance-enhancing drugs,” Naser said. “I believe in talent, and I know I have the talent.”

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When Laurie Hernandez winked at the Olympics

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Blink, and you may have missed one of the social-media-sensation moments of the Rio Olympics.

Laurie Hernandez, then 16, was the youngest woman on the U.S. Olympic team across all sports. She was about to start arguably the most important floor exercise routine of her life.

So, she winked.

“The amazing thing about the Olympics is that you feel so many different emotions in the span of a few days, and they are all intense,” she wrote in her 2017 book, “I Got This,” a nod to what she told herself before her balance beam routine earlier that night. “So it was nice to have at least one totally playful moment.”

The U.S., on its fourth and final rotation, already had the team gold all but locked up. Knowing she was nervous, Hernandez’s teammates confirmed to her that they were a few points ahead.

Then Hernandez heard the beep, and it was time to go. She was in the view of an out-of-bounds judge at the Rio Olympic Arena.

“Well, I looked straight at her and suddenly felt this surge of confidence to wink,” she wrote. “Later, a woman came up to me while I was watching Simone [Biles] and Aly [Raisman] compete in their all-around finals and she said, ‘Wow, I just want you to know that when you winked at the judge, it really worked.’ I didn’t know how to respond, so I just said, ‘Thank you. That’s very nice of you to say.’ That’s when she told me she was the out-of-bounds judge! All I could say was ‘Oh my goodness.'”

Hernandez, a New Jersey native, finished the Olympics with a team gold and balance beam silver.

She took more than two years off before making a comeback in earnest last year, announcing she planned to return to competition this spring under new coaches in California. Now that’s on hold given the coronavirus pandemic, which pushed the Tokyo Olympics to 2021.

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