Swimmers could sue Wada over China row
Several leading international swimmers are considering an unprecedented multimillion-pound lawsuit against the World Anti-Doping Agency (Wada) over its handling of the case involving 23 Chinese competitors who escaped sanction despite testing positive for a banned substance months before the Tokyo Olympics.
Senior sources have told The Times that discussions are taking place between those who competed against the Chinese swimmers at the Games in 2021, their lawyers and leading sports administrators, with some funding already in place should they decide to launch a class action.
Wada has said that it followed the correct procedures when it accepted the explanation given in July 2021 by Chinada, the Chinese national anti-doping agency, that the swimmers - some of whom went on to secure medals in Tokyo - were inadvertently exposed to trimetazidine (TMZ) through contamination. However, the United States Anti-Doping Agency (Usada) has called for an investigation and yesterday (Thursday) Wada appointed an independent prosecutor, Eric Cottier, to conduct a “thorough review”.
Witold Banka, the Wada president, said: “Wada's integrity and reputation is under attack. We continue to reject the false accusations and we are pleased to be able to put these questions into the hands of an experienced, respected and independent prosecutor.”
The Chinese athletes all tested positive at the start of January 2021, having stayed at the same hotel during a training camp in Shijiazhuang. Chinese investigators claimed to have found evidence of the banned drug in the hotel's kitchen. However, it is only because of reporting by broadcaster ARD in Germany and The New York Times that the details have now been made public.
In 2018 a bill was passed to protect Wada from legal action. Private Members' Bill 238, which was passed by the National Assembly of Quebec - where Wada is based - was aimed at stopping lawsuits designed to impede doping cases and investigations against athletes or organisations. At the time Wada cited third parties who may aim to “disrupt or intimidate it from carrying out its mission”.
However, a view has already been taken that the bill would not stop a lawsuit that questions whether Wada has correctly upheld its rules and protected athletes from harm, not least in relation to a loss of medals and the income that could come from such success. If the bill did present an issue, athletes could seek legal action in a court outside Quebec.
Any such legal move would require a lead plaintiff, or possibly plaintiffs, with others then invited to join the action.
Wada, when asked to comment, said: “There is not a shred of evidence of any wrongdoing on Wada's part. At all stages of this case Wada has acted with due diligence and according to the agreed process and rules of the World Anti-Doping Code.”
Usada issued a stinging response. “By calling this an ‘independent’ investigation, Wada leadership is trying to pull the wool over our eyes. Instead of Wada’s handpicked lawyer with a limited and self-serving scope of review, the world's athletes deserve a truly independent review commission.”