Sun Yang Ordered To Pay WADA Legal Costs With Date For Retrial Still Not Set

Yang Sun of China walks in before competing in the men's 1500m Freestyle Final during the Swimming competition held at the Aquatics Center during the London 2012 Olympic Games in London, Great Britain, Saturday, Aug. 4, 2012. (Photo by Patrick B. Kraemer / MAGICPBK)
Sun Yang - Photo Courtesy: Patrick B. Kraemer

Sun Yang must pay the World Anti-Doping Agency‘s legal costs that were run up defending the Chinese swimmer’s appeal against an eight-year ban.

The three-time Olympic champion was handed the suspension when the Court of Arbitration for Sport upheld WADA’s appeal in March 2020 following the manipulation of a testing sample during an out-of-competition doping test at his home in September 2018.

During an evening that became increasingly acrimonious, a blood sample was submitted and signed off for testing before being taken back from the chain of custody and smashed with a hammer.

However, that ban was subsequently overturned in December 2020 by the Swiss Federal Tribunal which agreed that one of the CAS judges – Italian Franco Frattini – had made public anti-Chinese comments which led to a questioning of his impartiality.

sun-yang

Sun Yang – Photo Courtesy: Becca Wyant

Although the decision was not made on the merits of the case, it meant that WADA will once more have to present its case to CAS.

The Swiss Federal Tribunal has announced its ruling on the court costs which reads:

“1.
The appeal has become devoid of purpose. The cause 4A_192 / 2020 is struck.
2.
Legal costs, set at 2,000 francs, are charged to the appellant. The balance of the advance on costs is returned to him.
3.
The appellant will pay the respondent foundation compensation of 7,000 francs. for costs. This compensation will be deducted from the sureties spontaneously deposited with the Federal Tribunal Fund. The balance of the amount paid as security is released in favor of the appellant.
4.
This order is communicated to the representatives of the parties and to the Court of Arbitration for Sport (CAS). “
No date has yet been set for the retrial and at present Sun is allowed to train and compete with the clock ticking down to the Olympic Games in Tokyo.

 


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