Strict liability and IT on shaky groundīut this also again calls into question one of the crumbling pillars of the anti-doping regulatory system – ‘strict liability’. The communications and translations, one-to-one translation meanings, the weight given to certain statements, the direct whole meanings of certain words or phrases and their accuracy are massively time consuming, even for expert teams of people. ‘In view of these circumstances, the Arbitral Award is not expected to be issued before mid-January 2020’, continued the Update.It is now approaching the end of February 2020 and we’re still waiting… Note that all parties are still working on an agreed-upon written transcript of the proceedings more than a month after the hearing. ![]() Yang’s testimony which the Panel will work from when deliberating and preparing the Arbitral Award’. Yang’s testimony’. It added: ‘The parties are currently preparing an agreed-upon written transcript of the proceedings, including a full translation of Mr. Nearly a full month after the public hearing, CAS issued a Post-Hearing Update, outlining that ‘some concerns were raised with respect to the quality of the interpretation of Mr. “The translator skipped many details Sun Yang said and what she did translate was not correct”,’ said an internet user.’ CAS Post-Hearing Update The Court of Arbitration for Sport… ‘As the hearing went on, Chinese fans watching live stream started to complain about the poor quality of the translation. ‘Even Sun’s lawyer Ian Meakin was frustrated and had to stop several times to correct the mistakes. ‘Incomplete and imprecise translations of the testimonies from Sun and the Chinese witnesses have marred what is only the second public CAS hearing in history’, reported Xinhuanet. All sides, including the judges, expressed frustration in technical and procedural terminology and with the answers in the overall communications. The hearings were marred by questions of not understanding, then misunderstandings, pauses for translation verification, combined with concerns on specific points of law, along with not understanding critical points in the proceedings. Translations and communications weren’t world-class It also has pierced the veil of WADA’s purported care and protection for the athlete and athlete rights, demonstrating its concern for athletes may be more artificial than genuine. The fiasco damaged public trust in WADA and the CAS, calling into question the overall fairness and competence of anti-doping authorities, highlighting numerous failures and shortcomings in the anti-doping system that threaten innocent athletes and their careers. The decision by Sun Yang’s legal team, led by Ian Meakin, Counsel with Swiss law firm Bonnard Lawson, to move the CAS hearing from behind closed doors to an open public hearing was strategically astute. ![]() Most importantly, they revealed glaring discrepancies and substandard technology information systems, old or non-existent software and hardware ecosystems and a lack of many basic end-to-end cloud solutions, all of which affect Olympic athletes, endangering their careers. The impact and consequences of the Sun Yang court room translation disaster that unfolded globally are still reverberating. During the 11 hour public hearing on 15 November Sun, currently China’s greatest Olympic swimmer, often struggled attempting to adequately and clearly express and defend himself during numerous incomplete English to Chinese and Chinese back to English translations, including numerous testimonial inaccuracies and misunderstandings, that nearly placed his efforts into jeopardy. The Court of Arbitration for Sport’s (CAS) Panel Arbitral Award following the World Anti-Doping Agency’s (WADA) appeal against Sun Yang and the international swimming federation (FINA) is expected almost any time now.
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