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Sun Yang CAS doping hearing: Tokyo 2020 and lifetime ban at stake as Wada wants Fina decision overturned in Switzerland

South China Morning Post

發布於 2019年11月13日03:11 • Jonathan White jonathan.white@scmp.com
  • First public hearing since Irish swimmer Michelle Smith de Bruin lost case in 1999 set to get under way on November 15
  • China's star swimmer was found not guilty by governing body after bizarre out of competition test last September
Sun Yang of China reacts after the men's 400m freestyle final of the 2019 World Championships in Gwangju, South Korea. Photo: Xinhua
Sun Yang of China reacts after the men's 400m freestyle final of the 2019 World Championships in Gwangju, South Korea. Photo: Xinhua

Sun Yang is the shining star of Chinese swimming, but the triple Olympic champion's future hangs in the balance ahead of the Tokyo Games next summer.

The 27-year-old faces a doping hearing at the Court of Arbitration for Sport (CAS) in Switzerland starting on November 15.

At the swimmer's insistence it will be a public hearing, with the CAS expected to live stream it online, as he vows to clear his name.

So how did we get here?

Silver medallist Australia's Mack Horton (left) refuses to stand on the podium with gold medallist China's Sun Yang (centre). Photo: AFP
Silver medallist Australia's Mack Horton (left) refuses to stand on the podium with gold medallist China's Sun Yang (centre). Photo: AFP

It all stems back to an incident at Sun's home on September 4, 2018 during an out-of-competition drug test on the swimmer's blood and urine. This was reported by The Sunday Times newspaper in January 2019.

On the night, Sun questioned the credentials of a member of the doping control team " they had been involved in another disputed test in 2017, where Sun had complained via official channels.

China's Sun Yang reacts at the final of the men's 800m freestyle event during at the 2019 World Championships. Photo: AFP
China's Sun Yang reacts at the final of the men's 800m freestyle event during at the 2019 World Championships. Photo: AFP

The swimmer also claimed one of the doping control agents at the September 2018 test was recording video and taking photos of him " the panel would later agree that this was "highly improper and extremely unprofessional" behaviour.

Later, Chinese media claimed one of the doping control team that visited Sun was not qualified but a classmate of another member of the team. It was confirmed that only one of the three members of the team had the correct accreditation.

Sun refused to give a urine sample during the test, but blood had already been taken. The blood sample was later destroyed by the swimmer's bodyguard. The circumstances around this are disputed by the doping control team and Sun's team.

China's Sun Yang takes photos ahead of a night session at the World Swimming Championships. Photo: AP
China's Sun Yang takes photos ahead of a night session at the World Swimming Championships. Photo: AP

An independent doping panel ruled that Sun had not violated any anti-doping rules, although they did call Sun "foolish" for allowing his sample to be smashed with a hammer.

The international swimming federation (Fina) stood by that decision in its report, dated January 3, 2019, which ruled that nothing taken was a "sample", so Sun could not have breached the regulations.

The World Anti-Doping Agency (Wada) appealed this decision to the CAS and here we are.

Australia's Mack Horton (left) and gold medallist China's Sun Yang pose with their medals after the final of the men's 400m freestyle at the 2019 World Championships. Photo: AFP
Australia's Mack Horton (left) and gold medallist China's Sun Yang pose with their medals after the final of the men's 400m freestyle at the 2019 World Championships. Photo: AFP

What could happen to Sun Yang?

Anything from a lifetime ban to a shorter suspension from the sport that could see him miss Tokyo 2020 to complete exoneration. Sun and his lawyers have pleaded his innocence throughout and he was cleared by Fina in the first instance.

Why has Sun been labelled a "drug cheat"?

The swimmer was banned beforehand. In 2014, the Chinese Swimming Association gave him a three-month ban for testing positive for then-stimulant Trimetazidine. It received criticism for announcing this after the ban had been served.

Britain's bronze medalist Duncan Scott (right) looks to gold medallist China's Sun Yang (left) as joint bronze medal winner Russia's Martin Malyutin looks on. Photo: AP
Britain's bronze medalist Duncan Scott (right) looks to gold medallist China's Sun Yang (left) as joint bronze medal winner Russia's Martin Malyutin looks on. Photo: AP

The heart treatment had been added to Wada's controlled substances list four months previously.

Sun claimed that a doctor had prescribed it for heart palpitations, unaware that it was banned.

China's own anti-doping agency said its belief in Sun was why the ban was reduced to just three months. Wada did not challenge the decision and while Trimetazidine remains banned, they downgraded it from "stimulant" status.

Sun Yang looking to Tokyo 2020 despite doping hearing

Has Sun spoken out about any of this?

Yes, the swimmer posted on his Sina Weibo after the positive test and 20-month ban for American swimmer Conor Dwyer, who he had beaten in the 200m freestyle final at Rio 2016.

"Athletes must hold themselves responsible for food and drugs they take, not to defeat their own hard work and sacrifices," he wrote. The date for Sun's CAS hearing was announced the day after the post.

China's Sun Yang gestures to Britain's bronze medalist Duncan Scott (left) following the medal ceremony in the men's 200m freestyle. Photo: AP
China's Sun Yang gestures to Britain's bronze medalist Duncan Scott (left) following the medal ceremony in the men's 200m freestyle. Photo: AP

When is his hearing?

It begins on November 15 at a hotel in the Swiss town of Montreux in order to facilitate Sun's request for a public hearing.

It was originally intended to be heard in September before being pushed back until "at least October" due to one party's personal circumstances. It was then confirmed for November.

Sun Yang doping hearing postponed for 'personal reasons'

Has anyone else ever had a public hearing?

The only previous public hearing was that of Irish swimmer Michelle Smith de Bruin in 1999. The Olympic gold medallist was banned for five years in 1998 after Fina ruled that she had used alcohol to interfere with her test samples.

She took the case to the CAS, which upheld the ban and effectively ended her career. However, she was not stripped of any of her Olympic medals as she never tested positive for a banned substance.

Controversial swimmer Sun Yang breaks silence after hearing postponed

How can I watch the hearing?

"With the agreement of all parties, it is intended to live stream all or parts of the hearing on the CAS website," CAS said in a statement.

The world awaits the decision.

Sun Yang questioned by fans for missing military training camp

What are the controversies surrounding Sun Yang?

Australian swimmer Mack Horton refused to share a podium with Sun at the world championships in South Korea earlier this year.

The pair's rivalry stems back to Rio 2016 when they clashed in the lead-up to the 400m freestyle that Horton went on to win. Horton had called Sun a "drug cheat" at the Games in Brazil, referring to Sun's previously served ban.

Andrew Bogut booed by Sun Yang supporters at Fiba World Cup

At the world championships in July, British swimmer Duncan Scott also refused to shake hands with Sun, a move that led the Chinese giant to scream "You are loser, I am winner" at the Briton.

Fina sent warning letters to Sun, Horton and Scott after the incidents in South Korea.

Other swimmers have made their feelings clear. One of Horton's teammates, Cate Campbell, told The Australian "there are discussions that need to be held", while US swim star Lilly King said swimming's governing body should begin with "not letting people who have smashed blood vials in tests compete in their meets".

Death threats and pulled deals " Bogut reveals Sun Yang fall out

How do Sun's supporters feel?

Chinese swim fans have dismissed all of this as sour grapes. Sun is a genuine superstar and the first male swimmer in history to earn Olympic and world championship gold medals at every freestyle distance from 200m to 1,500m. He was the first Chinese male swimmer to take gold, is the most decorated Chinese swimmer in history and he remains a huge medal hope in Tokyo.

Copyright (c) 2019. South China Morning Post Publishers Ltd. All rights reserved.

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