Another lawyer in Sun Yangs team who participated in the Montreux hearing on November 15, 2019, is currently a visiting scholar in Switzerland and is proficient in sports law. Lawyer Luo Xiaoshuang, who was awarded the title of excellent lawyer of Hunan Province by the Department of justice of Hunan Province, proposed a third possibility. Even if the appeal was rejected, Sun Yang can file a final case with the European Court of human rights in France Appeal, even if the time is not enough to let Sun Yang participate in the upcoming Olympic Games and other competitions, but at least we can fight for the innocence of Sun Yang, which will be of great significance to Sun Yang. Luo Xiaoshuang also pointed out that CASs arbitration agreement was 78 pages long, but it did not make any analysis of the most core evidence of illegal blood collection put forward by Sun Yang Fang.
The loophole points directly to the core of certain appeal to seek the success of appeal or suspend the enforcement of suspension order
Beiqing Daily: what do you think of the decision made by CAS?
Zhang Qihuai: CASs ruling is unfair. They are partial to the rules and procedures, ignore the facts and evidence, accept all the lies and false evidence. Based on the lies and prejudice, they have made an arbitration ruling with black and white reversed. CASs decision ignored the evidence put forward by Sun Yangs lawyer team, and there were many loopholes.
Beiqing Daily: that is to say, there is a big loophole in the basis of CASs ruling?
Zhang Qihuai: Yes, there are many loopholes. I can give several examples. For example, CAS has exceeded the time for accepting the Wada appeal. After the so-called urinalysis officer entered the testing site on the night of the incident, his mobile phone shooting function was on, during which he also photographed the parties in violation of regulations for many times, etc., which was a complete violation of doping testing rules, which was the most fundamental procedural loophole. As an important witness, he was refused to attend the Swiss hearing for on-the-spot testimony, absent from the hearing, which is the biggest loophole in CAS violation of procedural justice.
Beiqing Daily: what needs to be reexamined by Sun Yangs lawyer team in the hearing and in the preparation of evidence collection?
Zhang Qihuai: Sun Yang obtained satisfactory results at the first trial, i.e. the fina hearing in November 2018. However, after Wada appealed to CAS, Sun Yangs previous lawyers did not do enough to continue to collect evidence and made several mistakes. I cant comment too much on the lawyers work, but it did cause some passivity in the CAS hearing later. There are also problems such as translation and communication, some mistakes and negative effects on arbitration.
Beiqing Daily: then will Sun Yang entrust you and the lawyer team to continue to appeal? What kind of result will he seek? How likely is it to get a satisfactory result?
Zhang Qihuai: Sun Yang and we will continue to appeal to the Supreme Court of the Swiss Federal Court. This confidence is very firm. We will continue to collect evidence and draw on some experience from the hearing on November 15, focusing on the core issues and CAS procedural inconsistencies. We will appeal to the Supreme Court of Switzerland as soon as possible, and their chances of accepting the lawsuit are 100%, that is to say, they will definitely accept the lawsuit. For the so-called low success rate of appeal reported outside, we should first seek the success of appeal, that is, to ask the Swiss Federal Court to apply for the cancellation of the arbitration award of the International Court of sports arbitration. Even if it is possible to lose the case, we will apply for suspension of the suspension, which is a precedent in the history of the ruling of the Swiss Federal Court. That is to say, one of the best results is that Sun Yangs suspension decision can be postponed until after the Tokyo Olympic Games, so that such an excellent athlete can leave no regrets at the end of his career and win honor for his country. We will try our best to do that.
The 78 page arbitration did not state at all that Sun Yangs core evidence could be appealed to the European Court of human rights
Beiqing Daily: have you seen the CAS ruling? Whats your opinion?
Luo Xiaoshuang: Yes, and its much more detailed than the simple one and a half page verdict that the public has seen. The CAS ruling is 78 pages long, even longer than the 59 pages of the fina hearing in the first instance. I think this ruling is extremely arbitrary and shocking.
Beiqing Daily: can you disclose some contents of this ruling that you have not seen?
Luo Xiaoshuang: Yes. The ruling detailed the testing process on the night of September 4, 2018, referred to the problem of the person involved in the illegal photographing by the urine examiner, the main examiner agreed to end the sample testing and other situations, described and analyzed these situations in detail, and also referred to the fina decision in the first instance. There is no big problem with these contents, but a small detail is also mentioned. It points out that Sun Yangs team changed the translation at the last moment of the hearing, and the award finds that this kind of behavior is disrespectful to the arbitration tribunal. In addition, the most important core issue raised by the parties, that is, the blood inspectors illegal remote detection, is actually the most important evidence of Sun Yangs team, which was not mentioned in the ruling. I dont think it was an inadvertent oversight.
Beiqing Daily: what are the members of the panel of arbitrators for the hearing?
Luo Xiaoshuang: it is composed of three persons, namely judge Franco Frattini from Rome, Italy, who is the chairman of the group; Romano subiolto, the legal adviser in Brussels, Belgium appointed by Wada, and Philip Sanders, the barrister in London, UK.
Beiqing Daily: whats your impression of these arbitrators?
Luo Xiaoshuang: I think at least two of them have unfriendly views on Chinese or Oriental people.
Beiqing Daily: what is the detail of translation?
Luo Xiaoshuang: the translation of the hearing was jointly designated by the three parties, namely sun Yangfang, fina and WADA, who provided three on-site translators. You should know that in such an international court, translation is a very important role. The three translators are two Chinese and one Swiss. During most of the hearing, the three translators were responsible for the translation work. However, in the last short period of the hearing, Sun Yang was not satisfied with the communication work of the translator and made a replacement. And this move became a factor of CAS ruling against Sun Yang, because of disrespect for the court.
Beiqing Daily: what is the reason that Sun Yang, as stated in the ruling, failed to provide a convincing reason for destroying his sample container and escaping the doping test?
Luo Xiaoshuang: in fact, sun Yangfangs core proof is that as a blood examiner, as a nurse working in a hospital in Shanghai, she has no qualification to go to Zhejiang for blood sampling test. At the hearing, several foreign lawyers of Sun Yang also argued against this. But we are short of the most favorable evidence. If we can get the treatment result issued by her hospital in Shanghai and the local health committee, it will prove her mistake. Its a pity that under the efforts of Sun Yangs family many times before, they still havent got satisfactory results. Moreover, the former lawyer entrusted by Sun Yang confused the relevant materials in the provision of evidence, including a statement signed by Sun Yang, Dr. Ba Zhen, the chief inspector, the blood test nurse and the urine test officer on that night about the test process, which was quite a mistake. At the scene of the hearing, several witnesses provided by Sun Yang Fang showed different performances, some of them were satisfactory, some of them were nervous and didnt play well. Perhaps these also become the so-called basis for arbitrators to arbitrate. But even so, I dont think CAS has any reason to increase the penalty.
Beiqing Daily: in your opinion, how likely is Sun Yang to continue to appeal and win? Is there any other way to recover.
Of course, if the appeal fails, it doesnt mean its a dead end. Sun Yang can also file a final appeal to the European Court of human rights in France, which has a much higher winning rate than the Swiss Supreme Court. However, it will take a long time. The process from two appeals to the conclusion of the case by the Federal Supreme Court and the European Court of human rights can last up to three years. In that case, Sun Yang will certainly not be able to participate in the Tokyo Olympic Games, but if the final victory, at least for Sun Yang, who has won so many honors for Chinas swimming and sports, the outcome is much better than now, which has a great impact on his future development and the whole life.