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Q: Sun Yang Guilty

Finally the Drug cheat has been caught again....once a cheat always a cheT...good riddens

24 weeks 12 hours ago in  Sports - China

 
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Chinese swimmer Sun Yang has been found guilty by the Court of Arbitration for Sport (CAS) in a bombshell verdict and handed the maximum eight year ban.

The Swiss-based CAS upheld the appeal by the World Anti-Doping Agency (WADA) against the international swimming federation (FINA) and Sun, one of China’s most recognisable athletes who had already served a doping ban in 2014.

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The eight year ban effectively ends the 28-year-old, triple Olympic gold medallist’s professional career in the pool.

“The Court of Arbitration for Sport (CAS) has upheld the appeal filed by the World Anti-Doping Agency (WADA) against the Chinese swimmer Sun Yang and the Fédération Internationale de Natation (FINA). As a consequence, Sun Yang (the Athlete) is sanctioned

with an eight-year period of ineligibility, starting on the date of the CAS award,” a CAS statement read.

The CAS website repeatedly crashed at the time the decision was to be announced, before the news struck that Sun was to receive the maximum ban.

Sun has the right to appeal the ruling at the Swiss federal court.

Sun Yang guilty.Source:AFP

FULL CAS STATEMENT ON BAN

The Court of Arbitration for Sport (CAS) has upheld the appeal filed by the World Anti-Doping Agency (WADA) against the Chinese swimmer Sun Yang and the Fédération Internationale de Natation (FINA). As a consequence, Sun Yang (the Athlete) is sanctioned with an eight-year period of ineligibility, starting on the date of the CAS award.

Following a conflictual anti-doping test at the residence of Sun Yang in September 2018 which resulted in the testing not being completed, the matter was initially referred to the FINA Doping Panel (FINA DP) which found that the International Standard for Testing and Investigations (ISTI), the protocol adopted by the World Anti-Doping Agency (WADA) for the conduct of doping controls, had not been properly followed. Therefore, the FINA DP invalidated the sample collection. As a consequence, the FINA DP determined that the athlete had not committed an anti-doping rule violation.

WADA filed an appeal at CAS against that decision, asserting that Sun Yang had voluntarily refused to submit to sample collection and requesting that a period of ineligibility between a minimum 2 years and maximum 8 years be imposed on him.

The arbitration on appeal was referred to a panel of CAS arbitrators, composed of Judge Franco Frattini (Italy), President, Mr Romano F. Subiotto QC (Belgium/UK) and Prof. Philippe Sands QC (UK), which held a hearing on 15 November 2019. Further to the parties’ request, the hearing was conducted in public.

The CAS Panel unanimously determined, to its comfortable satisfaction, that the Athlete violated Article 2.5 FINA DC (Tampering with any part of Doping Control). In particular, the Panel found that the personnel in charge of the doping control complied with all applicable requirements as set out in the ISTI. More specifically, the Athlete failed to establish that he had a compelling justification to destroy his sample collection containers and forego the doping control when, in his opinion, the collection protocol was not in compliance with the ISTI. As the Panel noted, it is one thing, having provided a blood sample, to question the accreditation of the testing personnel while keeping the intact samples in the possession of the testing authorities; it is quite another thing, after lengthy exchanges and warnings as to the consequences, to act in such a way that results in destroying the sample containers, thereby eliminating any chance of testing the sample at a later stage.

Considering that, in June 2014, the Athlete was found guilty of a first anti-doping rule violation (ADRV), the Panel concluded that, in accordance with Article 10.7.1 FINA DC, an eight-year period of ineligibility, starting on the date of the CAS award, has to be imposed on the Athlete for this second ADRV.

Considering 1) that FINA refrained from seeking the imposition of a provisional suspension on the Athlete when charging him with an anti-doping rule violation, 2) that doping tests performed on the Athlete shortly before and after the aborted doping control in September 2018 were negative, and 3) that in the absence of any evidence that the Athlete may have engaged in doping activity since 4 September 2018, including on the occasion of the FINA World Championships in Gwangju, South Korea in July 2019, the results achieved by the Athlete in the period prior to the CAS award being issued should not be disqualified.

The Arbitral Award will be published on the CAS website in a few days, unless the parties agree that it should remain confidential.

Sun Yang hit with maximum ban.Source:AP

Sun, a three-time Olympic freestyle champion, has become one of the most infamous athletes in the world in the eyes of Australians after twice drawing the ire of doping officials and clashing with local favourite Mack Horton.

Sun, who won the 400m and 1500m freestyle in London and the 200m in Rio, first served a doping suspension in 2014 after testing positive to a drug he said he was using to treat heart palpitations and was unaware had recently been added to the banned list.

Australian swimmer Mack Horton spoke out against Sun at the Rio Olympics and his protest appeared to be validated when his rival was accused of refusing to provide blood and urine samples when drug testers visited his home in China in September in 2018.

A vial of the 28-year-old’s own blood sample was smashed with a hammer during the testing session, but Sun was acquitted by swimming’s ruling body FINA of anti-doping violations, agreeing that testers had failed to produce adequate identification during their visit.

But the ruling outraged the World Anti-Doping Agency (WADA) which took the matter to CAS, demanding a ban of between two and eight years for missing the out-of-competition test.

Sun Yang at the 2019 world championships. (Photo by Manan VATSYAYANA / AFP)Source:AFP

After being cleared by FINA, Sun was able to compete in the World Championships in Gwangju, South Korea, in July, where he won two golds but became a focus of protests from rivals, including Horton who infamously refused to step on the podium after finishing second to Sun in the 400m freestyle.

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Sun’s CAS hearing, the first in 20 years that was open to the public, was beset by technical difficulties and interpreting errors between Chinese and English which frustrated lawyers and held up proceedings.

Mack Horton (left) refuses to share the podium with Sun. (Photo by Ed JONES / AFP)Source:AFP

Before Friday’s verdict was delivered, Australian swimming coach Jacco Verhaeren attempted to downplay the importance of the result on Horton’s chances in Tokyo.

“Mack is a very focused athlete, he’s not easily distracted and he won’t be distracted by this either,” Verhaeren said on Friday.

“He has dealt with situations like this before and never gets distracted so he won’t be in this case.

“He made his stance. His stance won’t change and that is fine. But we’re not in the business of commenting on foreign athletes or whatever the outcome is.”

Australia’s Olympic 100m freestyle champion Kyle Chalmers remains in Horton’s corner. “I am in full support of my teammate Mack … I support Mack and what Mack stands for,” Chalmers said earlier on Friday.

— with wires

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24 weeks 12 hours ago
 
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Chinese swimmer Sun Yang has been found guilty by the Court of Arbitration for Sport (CAS) in a bombshell verdict and handed the maximum eight year ban.

The Swiss-based CAS upheld the appeal by the World Anti-Doping Agency (WADA) against the international swimming federation (FINA) and Sun, one of China’s most recognisable athletes who had already served a doping ban in 2014.

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The eight year ban effectively ends the 28-year-old, triple Olympic gold medallist’s professional career in the pool.

“The Court of Arbitration for Sport (CAS) has upheld the appeal filed by the World Anti-Doping Agency (WADA) against the Chinese swimmer Sun Yang and the Fédération Internationale de Natation (FINA). As a consequence, Sun Yang (the Athlete) is sanctioned

with an eight-year period of ineligibility, starting on the date of the CAS award,” a CAS statement read.

The CAS website repeatedly crashed at the time the decision was to be announced, before the news struck that Sun was to receive the maximum ban.

Sun has the right to appeal the ruling at the Swiss federal court.

Sun Yang guilty.Source:AFP

FULL CAS STATEMENT ON BAN

The Court of Arbitration for Sport (CAS) has upheld the appeal filed by the World Anti-Doping Agency (WADA) against the Chinese swimmer Sun Yang and the Fédération Internationale de Natation (FINA). As a consequence, Sun Yang (the Athlete) is sanctioned with an eight-year period of ineligibility, starting on the date of the CAS award.

Following a conflictual anti-doping test at the residence of Sun Yang in September 2018 which resulted in the testing not being completed, the matter was initially referred to the FINA Doping Panel (FINA DP) which found that the International Standard for Testing and Investigations (ISTI), the protocol adopted by the World Anti-Doping Agency (WADA) for the conduct of doping controls, had not been properly followed. Therefore, the FINA DP invalidated the sample collection. As a consequence, the FINA DP determined that the athlete had not committed an anti-doping rule violation.

WADA filed an appeal at CAS against that decision, asserting that Sun Yang had voluntarily refused to submit to sample collection and requesting that a period of ineligibility between a minimum 2 years and maximum 8 years be imposed on him.

The arbitration on appeal was referred to a panel of CAS arbitrators, composed of Judge Franco Frattini (Italy), President, Mr Romano F. Subiotto QC (Belgium/UK) and Prof. Philippe Sands QC (UK), which held a hearing on 15 November 2019. Further to the parties’ request, the hearing was conducted in public.

The CAS Panel unanimously determined, to its comfortable satisfaction, that the Athlete violated Article 2.5 FINA DC (Tampering with any part of Doping Control). In particular, the Panel found that the personnel in charge of the doping control complied with all applicable requirements as set out in the ISTI. More specifically, the Athlete failed to establish that he had a compelling justification to destroy his sample collection containers and forego the doping control when, in his opinion, the collection protocol was not in compliance with the ISTI. As the Panel noted, it is one thing, having provided a blood sample, to question the accreditation of the testing personnel while keeping the intact samples in the possession of the testing authorities; it is quite another thing, after lengthy exchanges and warnings as to the consequences, to act in such a way that results in destroying the sample containers, thereby eliminating any chance of testing the sample at a later stage.

Considering that, in June 2014, the Athlete was found guilty of a first anti-doping rule violation (ADRV), the Panel concluded that, in accordance with Article 10.7.1 FINA DC, an eight-year period of ineligibility, starting on the date of the CAS award, has to be imposed on the Athlete for this second ADRV.

Considering 1) that FINA refrained from seeking the imposition of a provisional suspension on the Athlete when charging him with an anti-doping rule violation, 2) that doping tests performed on the Athlete shortly before and after the aborted doping control in September 2018 were negative, and 3) that in the absence of any evidence that the Athlete may have engaged in doping activity since 4 September 2018, including on the occasion of the FINA World Championships in Gwangju, South Korea in July 2019, the results achieved by the Athlete in the period prior to the CAS award being issued should not be disqualified.

The Arbitral Award will be published on the CAS website in a few days, unless the parties agree that it should remain confidential.

Sun Yang hit with maximum ban.Source:AP

Sun, a three-time Olympic freestyle champion, has become one of the most infamous athletes in the world in the eyes of Australians after twice drawing the ire of doping officials and clashing with local favourite Mack Horton.

Sun, who won the 400m and 1500m freestyle in London and the 200m in Rio, first served a doping suspension in 2014 after testing positive to a drug he said he was using to treat heart palpitations and was unaware had recently been added to the banned list.

Australian swimmer Mack Horton spoke out against Sun at the Rio Olympics and his protest appeared to be validated when his rival was accused of refusing to provide blood and urine samples when drug testers visited his home in China in September in 2018.

A vial of the 28-year-old’s own blood sample was smashed with a hammer during the testing session, but Sun was acquitted by swimming’s ruling body FINA of anti-doping violations, agreeing that testers had failed to produce adequate identification during their visit.

But the ruling outraged the World Anti-Doping Agency (WADA) which took the matter to CAS, demanding a ban of between two and eight years for missing the out-of-competition test.

Sun Yang at the 2019 world championships. (Photo by Manan VATSYAYANA / AFP)Source:AFP

After being cleared by FINA, Sun was able to compete in the World Championships in Gwangju, South Korea, in July, where he won two golds but became a focus of protests from rivals, including Horton who infamously refused to step on the podium after finishing second to Sun in the 400m freestyle.

Watch over 50 sports LIVE on Kayo! Stream to your TV, mobile, tablet or computer. Just $25/month, cancel anytime. New to Kayo? Get your 14-day free trial & start streaming instantly >

Sun’s CAS hearing, the first in 20 years that was open to the public, was beset by technical difficulties and interpreting errors between Chinese and English which frustrated lawyers and held up proceedings.

Mack Horton (left) refuses to share the podium with Sun. (Photo by Ed JONES / AFP)Source:AFP

Before Friday’s verdict was delivered, Australian swimming coach Jacco Verhaeren attempted to downplay the importance of the result on Horton’s chances in Tokyo.

“Mack is a very focused athlete, he’s not easily distracted and he won’t be distracted by this either,” Verhaeren said on Friday.

“He has dealt with situations like this before and never gets distracted so he won’t be in this case.

“He made his stance. His stance won’t change and that is fine. But we’re not in the business of commenting on foreign athletes or whatever the outcome is.”

Australia’s Olympic 100m freestyle champion Kyle Chalmers remains in Horton’s corner. “I am in full support of my teammate Mack … I support Mack and what Mack stands for,” Chalmers said earlier on Friday.

— with wires

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24 weeks 12 hours ago
 
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Got the Max for being a repeat offender. Cue the denial, excuses and blame.

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24 weeks 11 hours ago
 
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This arogant guy, so not fair play dude, who is there to show that China got it bigger than anyone else, is given the medicine he deserves. In eight years he will hardly be able to swim in his own spit without the risk of gettind drowned. Drugs, in the way he abused, won't save him. So he better stay on the dry land. I am fully satisfied with the decision agains his rude and despicable behavior. 

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23 weeks 5 days ago
 
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I never liked Sun's proud manner, it just feels immature and unprofessional.

 

However, the sanction is for not cooperating with the testing agency instead of the actual doping, for otherwise his medals from previous races woulda been stripped.

 

Same damage anyway, which I think he deserves.

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23 weeks 1 day ago
 
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But wait there's more......

https://www.news.com.au/sport/sports-life/wada-search-for-answers-after-...

Excerpt: Chinese media said on Thursday that Sun had been included on a list of swimmers called up for national training between April 1 and June 30.

Media published a notice purporting to show Sun’s name on the list for preparations for the Olympics, which have been moved to the summer of 2021 because of the coronavirus pandemic.

If found to be in breach of his doping ban, Sun’s eight-year ban could be doubled.

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15 weeks 6 days ago
 
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But that's not all......
https://www.theaustralian.com.au/weekend-australian-magazine/swimmer-mac...

After Mack’s theatrical and somewhat passive-aggressive follow-up protest in South Korea last year, “the hate”, as the family calls it, rose to another level of intensity. Dog turds were hurled at the family home; their trees and plants were poisoned. A passing parade of youths gathered at the back fence to chant slogans while banging pots and pans in the dead of night, or stood in the driveway hurling abuse. Someone who spoke broken English took to phoning Andrew every second day to detail what he would like to do to his daughter (he has no daughter). And there was the broken glass in the family pool.

“The biggest change was the intensity,” says Andrew. “It was unrelenting. Every day and night in the second half of 2019, peaking in September, easing off in February this year.” It relented in the same month that Sun received an eight-year ­suspension for destroying a blood ­sample in an out-of-competition doping test.

Horton, who has regular and ongoing ­security briefings about threats to his family, has been informed that his assailants call themselves ­“Confucianists”. The 5th century BC ­Chinese ­philosopher has been revived in recent years as a national icon by a Chinese Communist Party seeking ethical moorings outside its founding credo of Maoism, and his name has become a codeword for Chinese nationalism. Sun himself seemed to invite a nationalist interpretation of Horton’s comments in Rio, saying: “Disrespecting me was OK, but ­disrespecting China was unfortunate.”

Andrew harbours no ill-will towards Sun’s ­supporters, believing on the advice of ­security officials that they are acting under instructions from the Chinese Communist Party, either directly or indirectly, and “have little choice”. He is concerned, in fact, that some of them will be “beaten up, or worse, if they don’t comply”. He declines, on security grounds, to specify the assistance given to his family by police and security agencies; he’ll only say that he is “very grateful”. The fenced-in suburban family home is by social convention a kingdom, but for the Hortons it is a kingdom under siege.

The family’s challenges are part of a broader pattern of harassment and intimidation of the Chinese Communist Party’s critics and dissenters. Says a national security analyst who keeps a close eye on the case, and spoke on condition of ­anonymity: “The Hortons’ story is very disturbing... It says something about the reach of foreign ­powers within Australia.” Clive Hamilton, professor of public ethics at Charles Sturt University, tells me: “Australians should know that China’s secretive Ministry of State Security has been carrying out a campaign of intimidation in this country against critics of the regime. It’s illegal and nasty.” Hamilton, co-author of the upcoming Hidden Hand: Exposing How the Chinese Communist Party is Reshaping the World, says ASIO is trying to monitor activities of this kind. “I hope we see some arrests and prosecutions soon. When that happens, we can expect the usual hysterical ­denials and calculated outrage from the Chinese embassy, state newspapers and the Party-affiliated Chinese-language media in Australia.”

It’s understood that no arrests have been made in the Horton case, which has been kept from the public gaze. The Hortons report a “constantly revolving cast of characters” at their fence and in their driveway. If any were apprehended by police they would be questioned, cautioned, released, and another would take their place. “This is not an amateur operation,” remarks a security insider.

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15 weeks 6 days ago
 
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15 weeks 6 days ago
 
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@Sandnose ...:

 

And The Ugly GIFs - Find & Share on GIPHY

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15 weeks 5 days ago
 
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Eli Wallach Tuco GIF - Find & Share on GIPHYsurprise

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15 weeks 4 days ago
 
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Meanwhile at the Yang residence:

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Damning document: Drug cheat’s brazen ban breach

Disgraced Chinese swimmer Sun Yang’s eight-year ban could be doubled following reports he ignored one of the most basic and non-negotiable elements of his existing punishment.

The Beijing Daily reported yesterday: “It can be seen from this notice that although Sun Yang ’s appeal lawsuit issue has not been resolved, his name still appears on the list of the Zhejiang swimming team selected for the national training team. He is still a member of the national training team.”

 

 

But then....

Within hours of Swimming World alerting WADA to the situation today, the CSA issued a new document stating that Sun is serving a suspension and that the previous invitation to Olympic training was void.

“Notice No49” was invalidated in a further notice from the CSA, dated April 23, which read:

“Based on the WADA Code, Sun Yang has been banned from competition after the Court of Arbitration for Sport (CAS) made the decision. That won’t change during Sun Yang’s appeal to the Swiss Federal Tribunal against the CAS decision. The previous No49 document is therefore invalid.”

In a reply to Swimming World, WADA confirmed that it would contact the Chinese authorities for the avoidance of doubt.

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15 weeks 3 days ago
 
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