{"id":404358,"date":"2019-11-30T03:30:32","date_gmt":"2019-11-30T10:30:32","guid":{"rendered":"https:\/\/www.swimmingworldmagazine.com\/news\/?p=404358"},"modified":"2019-11-30T03:30:32","modified_gmt":"2019-11-30T10:30:32","slug":"sun-yang-vs-world-anti-doping-agency-wada-a-detailed-analysis-from-cas-arbitrator","status":"publish","type":"post","link":"https:\/\/www.swimmingworldmagazine.com\/news\/sun-yang-vs-world-anti-doping-agency-wada-a-detailed-analysis-from-cas-arbitrator\/","title":{"rendered":"Sun Yang Vs World Anti-Doping Agency (WADA): A Detailed Analysis From CAS Arbitrator"},"content":{"rendered":"

Sun Yang Vs World Anti-Doping Agency (WADA)<\/strong><\/p>\n

LawInSport, of Melbourne, has published a detailed analysis of the Sun Yang Vs World Anti-Doping Agency (WADA)<\/strong><\/a> hearing by a\u00a0Court of Arbitration for Sport (CAS) <\/strong>arbitrator.<\/p>\n

The article, by Jack Anderson<\/strong><\/a>, sets out the key arguments of both sides of a case that could end the Chinese Olympic champion’s career or put him back on the blocks on a collision course with rivals who think he should not be in the pool come the Tokyo 2020 Games<\/strong>.<\/p>\n

Anderson<\/strong>, who was appointed as an arbitrator to the Court of Arbitration for Sport (CAS)<\/strong> in 2016, sets out the strengths and weakness of argument for and against WADA’s case for appealing a FINA Doping Panel<\/strong> decision of January 2019. The Panel handed Sun a severe caution but imposed no penalty after hearing of an acrimonious four-hour dispute with out-of-competition testers near the swimmer’s home on the night of September 4-5, 2018.<\/p>\n

The visit ended with no urine sample being produced and the blood sample that had been provided and signed for being removed from the chain of custody. A glass container in which the blood sample was housed was smashed with a hammer on the pavement outside the control room.<\/p>\n

There remains a lack of clarity on what actually happened to the blood sample. While the FINA Doping Panel report and subsequent media reports suggest the sample itself was smashed, others say that only the outer container housing the sample was smashed but the inner container and its blood sample survived.<\/p>\n

\"SunYangBloodSamples\"

Photo Courtesy:<\/p><\/div>\n

Images released by Chinese media this week (right) and said to have come from Sun’s entourage, show two complete units. A\u00a0divided sample is suggested by the caption reading “Sun Yang’s Blood Samples … two months late<\/em>r”.\u00a0One container is intact, with blood visible inside the inner and outer housings.<\/p>\n

The other sample container appears to be the sample that was smashed with the hammer by Sun’s security guard under instruction from Sun’s mother, Ming Yang, and under supervision of the swimmer: it shows an outer housing smashed.<\/p>\n

If the images are indeed those of the Sun samples from September 4, then two significant questions arise:<\/p>\n