Chinese star Sun Yang has formally appealed his eight-year suspension from the sport to the Swiss Federal Tribunal, The Australian reported Monday. Sun filed his appeal on April 29, reportedly a day before the deadline.
His original decision was handed down on February 28, and under normal circumstances, appeals are due within 30 days. But as we reported in March, the high court was in limbo amid the COVID-19 pandemic.
Following the stunning announcement of his eight-year ban at the hands of the Switzerland-based Court of Arbitration for Sport, the three-time Olympic champion and his lawyers vowed to appeal the decision. The 11-hour CAS hearing was notably marred by major translation issues.
“This is unfair. I firmly believe in my innocence,” Sun told Xinhua News at the time. “I will definitely appeal to let more people know the truth.”
According to the CAS website, an appeal is “allowed on a very limited number of grounds, such as lack of jurisdiction, violation of elementary procedural rules (e.g. violation of the right to a fair hearing) or incompatibility with public policy.” Sun’s appeal, then, would not be to claim his innocence based on the facts of the case. Rather, it would be to argue that there was an issue with the hearing procedure and whether it was lawfully conducted.
With the Olympics pushed back a year, some have been quick to speculate that Sun’s window to return for the next Games could be open. It’s highly unlikely that his ban could get reduced from eight years to just one, however, particularly because he was found to be a second-time offender.
Appealing to the Swiss Federal Tribunal might not be Sun’s only option. New WADA rules are set to take effect on Jan. 1, 2021, and could create a loophole for Sun to appeal to FINA for a reduced ban.
Why not give it a shot. They might halve the suspension and he’ll be back for Paris 2024. My feeling is Tokyo 2021 won’t be on anyway.
Abe pretty much said it won’t be on .
Agreed. He’s done no worse than many others. He didn’t even test positive. He just freaked out cause some guy without accreditation tried to take a picture of his junk.
Do you think he’s fighting so hard because he’s innocent…? Sorry devils advocate on this one.
“Because fighting for his right to ever competing again makes him look more guilty” is not a good argument. In fact, it’s a really, really bad argument.
Lance Armstrong fought really hard too, even threatening and destroying those around him…mmm
He is fighting because if he doesn’t, he will be strip off all the benefits and accommodations that is given to elite athletes in China by the CCP government. He knows he will end up wondering in the streets of Wuhan…ooops! maybe too harsh? just couldn’t help it 😉
*Yun Sang has entered the chat*
how much you want to bet he will end up winning gold at the next Olympics…
They should make him write “You win, I lose” 500 times on the chalkboard.
The first trial was painful to watch and not very well run. He was not given a fair chance with a weak translator and a live stream being the focus. that being said, he is guilty and is bringing further embarrassment to him, his country, and our sport the longer he drags this process out.
The weak translator was Sun Yang’s team’s fault.
maybe it’s his strategy
It is not unusual for your legal team to stuff up. He would not be the first person in the dock to be frustrated & want a new one . Think of the many times the accused does not even know what the translator is saying to be able to judge how bad they are. Seems the panel was offended that h e went out a tf interval & got a clearly better one .
I can’t believe he’s still trying lmao. It’s just joke now. Retire sun.
Sorry bruv but Danas Rapsys is gonna win anyways 😉