Sun Yang

Sun Yang defends failure to take drug test

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MONTREUX, Switzerland (AP) — One of China’s biggest Olympic stars fought Friday for his right to compete at the Tokyo Games during a rare public hearing that turned combative at times, as champion swimmer Sun Yang defended his refusal to complete a doping test last year.

During a 10-hour session marred at times by translation problems, Sun maintained that inspectors drawing blood and urine samples failed to have proper identification papers.

The interpretation issues in both English and Chinese brought a halt to the landmark Court of Arbitration for Sport (CAS) hearing several times, frustrating lawyers for both sides during Sun’s opening cross-examination. Sun’s mother later took the stand, at one point admonishing lawyers, “I haven’t finished yet.”

One lawyer said he could not tell if Sun was being evasive or if it was simply a case of misunderstood translation.

The case stems from the three-time Olympic champion’s refusal to cooperate with three anti-doping officials during a random test that became a confrontation in the early morning hours at his home in China in September 2018.

“During inspection, I realized they don’t have any authorized papers to prove their identification,” Sun testified Friday.

A World Anti-Doping Agency expert disputed Sun’s account, saying the inspectors’ credentials were in order.

A tribunal appointed by the swimming world body FINA initially gave Sun only a caution, but WADA appealed the case to CAS. Its judges are not expected to hand down a verdict until next year. If the ruling goes against him, Sun could be banned from the 2020 Olympics.

The 6-foot, 7-inch Sun became a star in China as the country’s first man to win an Olympic title in swimming. He won the 400m and 1500m freestyles at the 2012 London Olympics. He added gold in the 200m in Rio.

The 27-year-old Sun, who also has 11 world championships, has been a polarizing figure in the sport.

In Rio, Australian rival Mack Horton called him a drug cheat as anger built over a three-month ban for his positive test in 2014 that some considered too lenient. The ban was initially kept secret by Chinese authorities and FINA, which some accused of appearing to protect one of its biggest names in a key market.

Sun provoked more anger among rivals by winning two world titles in July while the CAS appeal was pending. Medalists Horton and Brit Duncan Scott refused to stand on the podium with him in Gwangju, South Korea.

The translation problems at Friday’s hearing began almost from the start, and it was unclear at times how much of the testimony and questions were understood, with both judges and lawyers expressing frustration.

At one point, Sun’s Geneva-based lawyer, Ian Meakin, apologized for asking his client leading questions, saying: “The translation was so bad.”

The translation was so poor that “you couldn’t tell if (Sun) was monumentally evasive or couldn’t understand the questions,” said Richard Young, a lawyer for WADA.

When the hearing resumed after a break, judging panel president Franco Frattini also apologized for its poor quality.

The court noted that Sun’s team selected the translators, who were replaced at a lunch break by a WADA staff member. Lawyers were told an accurate transcript of the morning sessions would later be provided to all parties.

Sun detailed how he and his entourage had doubted the qualifications of the officials conducting the doping test at his home.

“How are you able to trust them?” said Sun, whose personal doctor had been summoned to the scene.

A security guard, under instructions from Sun’s mother, used a hammer to smash a box containing a vial of his blood during the late-night dispute after the swimmer questioned the collection team’s credentials.

Sun said he was not respected by the officials, including a chaperone he said asked to take his photograph.

“This is really ridiculous,” Sun said in translated comments.

Although Sun and his entourage were criticized for their conduct, the first FINA tribunal panel said the sample mission was void and invalid because anti-doping protocol was not followed. Technically, Sun was judged to be not properly notified of needing to give samples.

WADA has asked for a ban of between two and eight years, saying Sun voluntarily refused to submit to give samples.

“That is pretty sensational,” Young, the WADA lawyer, said of the hammer-smashing incident. “But he was nailed on a tampering violation before any of that happened.”

If WADA’s appeal is upheld, Sun risks a longer sanction that could bar him from the Tokyo Games because it would be his second offense. The first offense brought the three-month ban imposed by Chinese authorities in 2014, after Sun tested positive for a banned stimulant.

That initial ban was quickly addressed by Sun and his legal team on Friday. He said it was a prescribed medication for a heart issue because he sometimes fainted after training.

Lawyers for WADA repeatedly asked if Sun had learned in his long career of the serious consequences for refusing to give a sample. He repeatedly answered that the lead anti-doping official had not warned him specifically.

Sun’s anti-doping history was detailed, with 180 samples given at competitions and during training from 2012-18. A total of 60 were organized by the Sweden-based firm IDTM, which sent the collection team to Sun’s home in 2018.

CAS judge Philippe Sands pressed Sun about whether IDTM staff had shown different kinds of documents of authorization on the 59 previous occasions he gave samples without problems.

Friday’s hearing, the first open to the media and public observers since 1999, played out inside a ballroom annex set among lakeside hotel gardens in the upscale Swiss resort of Montreux. Next door stood the concert halls of the city’s famed jazz festival.

Amid concerns over witness intimidation, the three anti-doping officials who visited Sun’s home testified earlier and did not attend Friday’s session, which was watched by more than 100 accredited observers in the room and streamed live on the CAS website.

The hearing ended with Sun surprising his own legal team by waving his arms and calling another translator from the public seats to better articulate his closing statement.

“Who is this guy?” asked an incredulous Judge Frattini, a former Italian foreign minister. “It is not up to you to appear before the court.”

“There are some rules,” he said.

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Sun Yang should get lengthy ban if he loses doping hearing, WADA says

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LAUSANNE, Switzerland (AP) — The World Anti-Doping Agency wants China’s star swimmer Sun Yang banned for up to eight years for alleged doping rules violations.

The Court of Arbitration for Sport said Tuesday ahead of a rare appeal hearing in open court on Friday that WADA requests a ban of two to eight years. Sun served a three-month ban in 2014 for a positive test.

If WADA wins, the three-time Olympic freestyle champion will miss the Tokyo Games.

WADA has challenged world swimming body FINA’s ruling to merely warn Sun after a disputed attempt by sample collectors to take blood and urine from him at his home in China in September 2018. The late-night confrontation lasted from 11 p.m. to beyond 3:30 a.m.

The day-long hearing will examine why a secure box storing a glass vial of blood came to be destroyed by Sun’s entourage, who questioned the sample team’s authority. A FINA tribunal panel agreed the officials lacked proper credentials to make the sample collection valid.

WADA believes Sun broke anti-doping rules by refusing to submit to a sample collection.

All sides agreed to Sun’s request to hold a first CAS appeal in public for 20 years.

A verdict is unlikely until early next year.

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Chinese swimmer Sun Yang gets rare open hearing in doping case

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The Court of Arbitration for Sport (CAS) said Monday it will hear the World Anti-Doping Agency’s case against three-time Olympic gold medalist Sun Yang on Nov. 15 in front of reporters — possibly even live-streamed — at the Fairmont Le Montreux Palace in Montreux, Switzerland.

The hearing won’t be completely open. Registration will be required, and photographers and videographers “will be invited to leave the hearing room after the opening,” CAS said in a statement. But those outside the room may still get a glimpse of the proceedings.

“With the agreement of all parties, it is intended to live stream all or parts of the hearing on the CAS website,” CAS said.

CAS noted that it has only held one prior hearing that wasn’t in a private setting — the 1999 case involving Irish swimmer Michelle Smith de Bruin, who won three gold medals in the 1996 Olympics but was banned for four years for tampering with a urine sample, a case that still prompts soul-searching in the Irish media. De Bruin lost the appeal.

Sun is accused of smashing a vial of blood at a drug test last fall. FINA allowed him to continue to compete, but the WADA has appealed, seeking a substantial suspension.

The Chinese swimmer won two gold medals at the world championships this summer and snubbed by some rivals at each medal ceremony, leading to a confrontation with British swimmer Duncan Scott.

RECAP AND VIDEO: Sun taunts Scott after medal ceremony

Sun has won 11 world individual titles in several freestyle distances but also has a long history of controversies ranging from a prior positive drug test and confrontations with other swimmers.

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