Swiss Court Rejects Sun Yang’s Case To Remove CAS Judge

by Retta Race 13

December 29th, 2020 Anti-Doping, Asia, International, News

As the days roll on, more information concerning the overturning of the Court of Arbitration for Sport (CAS) ruling regarding Sun Yang‘s doping case is being revealed.

AP is reporting that a legal challenge by the multi-Olympic gold medalist against one of the CAS judges who originally banned Sun for 8 years has been rejected by a Swiss federal judge. This week, Switzerland’s supreme court said it deferred to CAS to decide if Romano Subiotto is eligible to serve on the judging panel at Sun’s retrial. (AP)

Subiotto was selected by the World Anti-Doping Agency (WADA) for Sun’s CAS trial once the organization’s original choice stepped aside during repeated challenges by Sun’s lawyer.

Subiotto represented one of three arbitrators on the CAS panel who handed down an 8-year suspension to Sun Yang. This was eventually overturned by the Swiss Federal Tribunal not on fact-based merits of the case, but due to the fact that CAS panel chairman, Franco Frattini, showed bias in the form of anti-China social media comments.

Subiotto and the other judge at the original hearing, Philippe Sands, a British barrister selected for the hearing by Sun’s legal team, could be picked for the retrial due next year. (AP)

WADA stated last week that the organization, “will take steps to present its case robustly again when the matter returns to the CAS panel, which will be chaired by a different president.”

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swimfan210_
3 years ago

I won’t say anything good or bad about Sun, or anything about what I think he deserves; I just hope that the re-trial will go fairly, smoothly and with less of the language barriers and other problems that occurred during the first trial, though many things might be difficult if COVID is still around, and hopefully a fair result will be reached.

Steven Benson
3 years ago

I actually do think there’s bias against him. Look at the media articles emphasising the smashing of glass vial despite that never happened.

I read one more revealing article from Tracey holmes and I am convinced he is innocent.

….
“Sun is Chinese and speaks Mandarin and a little English, certainly not enough to be able to have a detailed, legal conversation in the sports court.

Sun’s mother phoned him late in the evening to tell him testers had arrived and he should get home within the allotted hour. He did so. He provided a blood sample before noticing anomalies with the testing party’s accreditation and documentation.

An hours-long stand-off ensued.

Sun offered to wait until a properly… Read more »

torrent56
Reply to  Steven Benson
3 years ago

Very well said.

Corn Pop
3 years ago

It’s called a gambit move . They know the Swiss Court cannot direct CAS personnel but … but …

It’s hilarious that a guy who led an Institute for Cultural Diplomacy getscaught out tweeting ‘ yellow f ace ‘ stuff but being Italy’s candidate for NATO Secretary General 2014 really tops his CV off.

I did not think it was racism just 100% driven by his political military allegiances. No wonder he went beserko.

Last edited 3 years ago by Corn Pop
Jhonny
3 years ago

The translator they provided for the trial was really a joke. They wouldn’t let Sun’s team use their own and the whole thing was a mess. I’m not saying that I believe Sun Yang is innocent but I believe he deserves a fair trial where he can adequately defend himself and where his right to presumption of innocence is upheld.

Muscle Cramp
3 years ago

good. no hatred towards him but he will get what he so long deserves

Love swimming
3 years ago

All Sun Yang’s fault is that he is a genius Asian male swimmer!

jj graham
Reply to  Love swimming
3 years ago

nah

Hswimmer
Reply to  Love swimming
3 years ago

Hoping this is sarcasm

Robbos
Reply to  Love swimming
3 years ago

There has been a lot of genius Asian male & female swimmers, none with the same issue as this guy.

Love swimming
Reply to  Robbos
3 years ago

Because Sun is a dominant figure (1500, 800, 400, 200) mor than a decade now, that make certain people uncomfortable and cause drama towards him constantly, unfairly…

Bruh
3 years ago

Good decision

About Retta Race

Former Masters swimmer and coach Loretta (Retta) thrives on a non-stop but productive schedule. Nowadays, that includes having earned her MBA while working full-time in IT while owning French 75 Boutique while also providing swimming insight for BBC.

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