Correct me if I'm wrong, but as far as I know, when Cheung started this poll, he included 1yr and 2 yr options, and he sure didn't ask for what we pray for.
Based on what we know so far, I think 6 months to 1 year ban will be the most likely verdict from BWF. With a good lawyer, hopefully it can be brought down to 6 months so that he can have another go for WC.
If he is hit w/ 6month ban, when is the ban considered to start? Would it be possible that he will not have enough points to qualify to WC?
Should be back dated to the last WC. He would lose the last WC points and any subsequent to that. If six months, then he can go for the all England and subsequent tournaments. I think the new calendar doesn't have SS tournaments in Jan / Feb so there is not such a big loss. If the ban is one year, that effectively excludes him from next years world championships.
But he also competed in AG so a backdate to the WC wouldn't seem to make any logical sense? I guess it would be reasonable to say that ban starts the day of the notification of positive test maybe.
As far as I understand the ban started on the date when the postive urine specimen was taken i.e 30.8.2014. So, he would be able to return to court in March 2015 if the ban is 6 months. His ranking points would drop down to about 55,631 points by then. With these ranking points, he should be still within top 10 ranking. As long as he keeps his level of play while he is off the court, the possibility to participate WC 2015 is high.
BWF will prosecute this case before the BWF Hearing Panel, who is independent of BWF. The Hearing Panel is usually composed of 3 people, usually lawyers with no connection to BWF or this sport. After that, the athlete, BWF or WADA can appeal to the Court of Arbitration for Sport. And it ends there. If WADA is not happy in the original decision or the athlete's conduct, they will seek to increase the sentence.
Going by rules, it will be 2 years. But with all the mitigating factors (based on what we know so far), I suspect it could be halved, depending on which rule it falls under. I don't think BWF will hand out a sentence lesser than 1 year lest they tempt WADA to increase the sentence. Also, if the sentence is too light, if similar incidents happen in future (touch wood), players too will be expecting a light sentence. Any deviation will mean that BWF is biased and this will controversial. A one-year ban will be heavy enough to deter players and at the same time, see him return back to the stage in time to entertain the fans.
10.9 Commencement of Ineligibility period Except as provided below, the period of Ineligibility shall start on the date of the hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is accepted or otherwise imposed. Any period of Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility imposed. 10.9.1 [not relevant] 10.9.2 Timely admission Where the Player promptly (which, in all events, means before the Player competes again) admits the anti-doping regulation violation after being confronted with the anti-doping regulation violation by BWF, the period of Ineligibility may start as early as the date of Sample collection or the date on which another anti-doping regulation violation last occurred. In each case, however, where this Regulation is applied, the Player or other Person shall serve at least one-half of the period of Ineligibility going forward from the date the Player or other Person accepted the imposition of a sanction, the date of a hearing decision imposing a sanction, or the date the sanction is otherwise imposed. 10.9.3 If a Provisional Suspension is imposed and respected by the Player, then the Player shall receive a credit for such period of Provisional Suspension against any period of Ineligibility which may ultimately be imposed. 10.9.4 If a Player voluntarily accepts a Provisional Suspension in writing from the BWF and thereafter refrains from competing, the Player shall receive a credit for such period of voluntary Provisional Suspension against any period of Ineligibility which may ultimately be imposed. A copy of the Player’s voluntary acceptance of a Provisional Suspension shall be provided promptly to each party entitled to receive notice of a potential anti-doping regulation violation under Article 14.1 of the Code and Regulation 7. 10.9.5 No credit against a period of Ineligibility shall be given for any time period before the effective date of the Provisional Suspension or voluntary Provisional Suspension regardless of whether the Player elected not to compete or was suspended by his or her team.
I don't know. We haven't heard from the poor doctor yet. What really happened on 17 July? Also we still don't know why the substance was there after 6 weeks? This poor doctor is looking at more than 2 years ban himself for what he had done on 17 July: (1) failure to properly disclose at the time of the consent was solicited when the patient was in a lot of pain (2) trying out new stem cell technology/methodology without approval (3) If BWF gives LCW a 2 year ban, he will sue the poor doctor for clinical negligence and damages, eg lost of sponsorships,
Though I'm Msia fan, I did not vote for no ban or 6 months cos I dont think that will be the sentence, based on how BWF & other sports associations have ruled before this. If it follows the normal court proceedings, how BWF and other sports associations have ruled is a yardstick to consider. Hence looking up the other cases, some surprising light sentences.
I agree. An average lawyer probably enough to bring it down to 1 year. Hopefully Morgan who has expertise in this area could bring it down further. If it is one year ban, then LCW still have a chance for Rio but the road to Rio remains tough. First of all he will lose all the ranking points and he is not able to collect points for olympics qualification in the first 4 months. After he return to the court, he may not be able to play superseries where he can collect the big points. He may meet chen Long and LD in the first round after he start playing superseries. So, life remains tough for him even the ban is reduced to 1 year. What I would like to bring out here is that there is huge difference between 6 months and 1 year ban from LCW perspective.
...but he could probably still garner enough points to be #1 player from MAS, no? It could also turn out to be a blessing in disguise. Allow him enough time to work on new tricks and techniques. Do rote training for the big threats. Work on some surprises for the opponents. Improve mental strength! Improve physical strength and stamina issues. Plus, he will hopefully have Frost to help him.
