Truth Under Water (22)
Nonfacts that influence WADA v. Sun Yang
Training Record — Deconstruct the Statement of Confidentiality
The International Standard for Testing and Investigations (“ISTI”) provides that only trained and accredited personnel may be authorized for a specific doping control and that the sample collection authority shall keep records of such training (see below).
In IDTM, the only traing records for DCAs are statements of confidentiality (“SoC”) executed by the trainer-DCOs and the trainee-DCAs (see below).
The sole written evidence of the DCA’s training is encapsulated in the Statement of Confidentiality, signed by him and counter-signed by the DCO.
— CAS Rehearing Award, 2022.06.22, para. 343.
IDTM produced an SoC dated 26 January 2018 as evidence of the training received by Mr. Wu Bing, who was alleged by IDTM to be the DCA for the sample collection on 4 September 2018.
But Wu claimed, in his written statement submitted to the tribunal, that he was not IDTM’s DCA and that he never received any training with respect to sample collection (see below).
I have to make a couple of points clear: (i) Firstly, I have never been a doping control assistant of any company. I am just a construction worker. On the night in question, Yang asked me for a favor to drive her around. (ii) Secondly, as a construction worker, I have never been given any doping control training. In fact, it is not necessary for me to have that kind of training.
— Written Statement of Wu Bing, 2019.10.16, 2:4.
Wu’s denial casted heavy doubt over the authenticity of the SoC produced by IDTM. To avoid jumping into conclusion, better take a look at each part of the SoC.
The first section identifies the trainer DCO as well as the training category of the trainee, sucha as Chaperone, Assistant or Blood Collection Officer (see below).
The second section contains non-disclosure provisions and the statement of confidentiality by the trainee (see below).
Next is the contact information section, containing the name, address, phone number and email account of the trainee (see below). This section also includes the signature of the trainee.
The final section contains a declaration by the trainer DCO with respect to the training and bears his or her signature (see below).
Before diving into the examination of the SoC, let’s warm up with a sidebar. A week before the public hearing, Mr. Wu agreed to testify, but the Court of Arbitration for Sport (“CAS”) refused to hear Wu’s testimony, for the reason that it was too late. Such delay, however, was caused by WADA who was responsible to produce Wu to testify but claimed unable to contact him directly or indirectly (see below).
With respect to the IDTM DCA, Mr. Wu Bing, WADA still has not succeeded in contacting him directly or through intermediary…As a result, WADA is unable to produce Mr. [Wu] at the hearing or for a deposition.
— Letter from WADA’s counsel to CAS, 2019.09.09.
But, as shown above, the contact information section of the SoC contains the address, phone number and email account of Mr. Wu. Please note that IDTM submitted the SoC early in September 2018. It is hard to believe that WADA’s counsels were not capable of reaching Mr. Wu over a year, with all sorts of contact details at hand.
