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Sport Sun Yang's lawyers want CAS to consider builder's explosive testimony

00:30  21 november  2019
00:30  21 november  2019 Source:   smh.com.au

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Sun Yang ' s lawyers say they have the full statement of the unqualified testing agent and want CAS to use it as evidence. Credit:Getty. He told Xinhua he had sent a written testimony to CAS and WADA but heard nothing in reply. While there was some scepticism about the claims being made through

Sun Yang ' s lawyers want CAS to consider builder ' s explosive testimony .

 Video provided by Reuters

The career of China’s Olympic champion swimmer Sun Yang may be decided by the legal status given to an extraordinary claim that one of his drug testers was a construction worker with no training or experience in anti-doping.

Sun appeared before the Court of Arbitration for Sport in Switzerland over the weekend after the World Anti-Doping Agency (WADA) appealed a FINA doping panel's decision to not sanction him for his part in smashing a vial of blood during an out-of-competition test in September 2018.

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The three-time Olympic gold medal winner contends the International Doping Tests and Management (IDTM) officials tasked with taking the blood sample did not have the correct accreditation, something WADA has denied as they seek a hefty, career-ending ban for the controversial 27-year-old freestyler.

The CAS panel has retired to consider the evidence after the 11-hour hearing but the matter has since taken a new and potentially significant turn, with Chinese state media outlet Xinhua reporting that one of the doping control assistants (DCA) was simply a builder with no anti-doping qualifications at the scene to help an old school friend.

He also admitted to taking photos and videos of Sun, which were later deleted but are strictly forbidden for chaperones during testing missions.

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"I knew nothing about the doping test and nothing about my role that night. I just came to help my middle school classmate at her request. I am a builder," the man was quoted as saying. "I am a builder and I am always busy at work, day and night. No one ever trained me about the doping test, and it is unnecessary for me to undertake such training."

Sun Yang et al. standing in front of a crowd: Sun Yang's lawyers say they have the full statement of the unqualified testing agent and want CAS to use it as evidence. © Getty Sun Yang's lawyers say they have the full statement of the unqualified testing agent and want CAS to use it as evidence.

He told Xinhua he had sent a written testimony to CAS and WADA but heard nothing in reply. While there was some scepticism about the claims being made through Chinese state media, the Herald has confirmed the document was provided to the CAS hearing by Sun's legal team.

Sun's lawyer Zhang Qihuai said the issue was now whether CAS would consider it as evidence given the man did not appear at the proceedings in Montreux, nor was he interviewed by the original FINA panel.

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"Yes, we've seen this statement. The statement said the DCA was a construction worker, written by himself. It was sent to us. The problem now is that whether it will be adopted as reference for evidence because he didn't present at the court," Zhang said.

Sun's counsel Fabrice Robert-Tissot, said during his closing address to the CAS hearing that the DCA had provided a letter that contradicted key claims made by the other two members of the doping control mission carried out at the swimmer's Hangzhou villa.

Sun, who has been on a PR campaign since the hearing, has used his social media channels to say he welcomed the new information and said 'the truth will never be covered by lies'.

"I want to thank the urine inspector (DCA) for being honest and brave! He stood up and admitted to taking pictures of me that night. He also admitted that no one had ever taught him how to do a doping test and had never gone through relevant training. Before the hearing, he expressed his willingness for video testimony at the tribunal, but CAS did not contact him," Sun posted on Weibo.

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Sun Yang doping hearing: tester was ‘construction worker’, says Chinese state media report. Builder was a middle school classmate of the Doping Control Officer leading the test on Chinese swimming star. He claims to have sent a letter to Wada and CAS with his testimony and offering to testify at

DCAs, or chaperones, do not need the same level of training as the anti-doping officers in charge of testing but still have clearly outlined responsibilities and protocols under WADA guidelines. They also have strict behavioural guidelines during the testing process.

"Sun is a big star in China and it was my first time being near him. I was excited. I took a couple of pictures outside the room with my [mobile phone]," he is reported to have told Xinhua.

"When I tried to take pictures of him again when we were sitting in the room, Sun told me not to do so. Then he asked every one of us to identify ourselves. I showed my ID card. Sun pointed out that I was not an accredited tester and should not stay in the test room."

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The original FINA panel accepted evidence that the man's behaviour crossed a serious line and was highly unprofessional, although they did not suggest that gave Sun's security guard the right to destroy the blood sample.

"The Doping Panel is satisfied that the DCA did surreptitiously take pictures and/or videos of the Athlete using his personal mobile phone," the FINA panel wrote in its finding.

"The Doping Panel heard believable and compelling evidence from various witnesses that there were pictures on the DCA’s phone that contained images of the Athlete. This conduct on the part of the DCA is highly improper and extremely unprofessional. This should never happen.

"Chaperoning an athlete is a sensitive, personal and serious matter. It is not for 'fans'."

Representatives for IDTM testified in front of the CAS panel that all of their agents had the correct identification, while Sun's case largely rests on the notion that those at his house were not carrying the right documents and therefore he did not want to let them take his blood sample for fear of contamination.

None of the testers from that night were at CAS for the public hearing but the doping control officer testified last Thursday in a private hearing. Whether the DCO was questioned about the actions of the chaperone remains unknown but will be part of the evidence brief available to panel members.

Whether CAS will consider the written testimony, or whether it has any impact on their ruling, remains to be seen. The court will hand down its decision later this year or early 2020.

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