Related case:
BWF 2014 BWF vs Lee Yong Dae & Kim Ki Jung
April 14, 2014
On 14 April 2014 the Badminton World Federation (BWF) Doping Hearing Panel decided for the acquittal of the Korean Athletes Lee Yong Dae and Kim Ki Jung related to whereabouts failures.
After investigation no available evidence suggests that the Athletes ever received notice from the BWF via the Badminton Korea Association (BKA).
The BKA office staff had made false representation to the BWF by drafting letters from players and using their names and signature stamps thereby unrightfully documenting to BWF that the players were aware about their Whereabouts Failures.
The BWF Panel recommended to the BWF to consider the role of the BKA in supporting the Whereabouts Programme of the Korean players on the BWF Registered Testing Pool.
The charges considered by the BWF Disciplinary Committee against the BKA were focused around negligence in communication with Players and BWF about necessary information, failing to educate BKA players and staff and making false representation to BWF by communication without proper consent and communication from the Players.
The Disciplinary Committee found:
- That despite BKA taking remedial action, BKA as a Member of the BWF, had to take responsibility for not complying with the BWF Anti-Doping Regulations and had obligations under those Regulations - and this remedial action did not take away the fact that breaches of the Regulations occurred - and that BKA had admitted to these breaches.
- That the BKA had a “duty of care” for the players under its jurisdiction and under the Anti-Doping Regulations. That through the administrative failure of the BKA it had allowed two Athletes to have three strikes against them – and become ineligible.
The BWF Disciplinary Committee ruled that the Badminton Korea Association shall:
- pay a fine to the BWF of USD $40,000 ($20,000 x two players as per Clause 12.2.3 of the BWF Anti-Doping Regulations);
- refund the BWF USD $1,170 being the fees charged by the external provider of testing services for each athlete who was unavailable for testing during two missions to test Korean Players on the Registered Testing Pool (as per Clause 12.2.3 of the BWF Anti-Doping Regulations).
The Committee also strongly recommended that the Badminton Korea Association:
- makes the players responsible for updating their own Whereabouts Information in ADAMS since they were ultimately responsible under the WADA Anti-Doping Code and BWF Anti-Doping Regulations;
- seeks advice and support from the Korea Anti-Doping Agency on:
1) running an effective Whereabouts Programme;
2) educating BKA administrative staff;
3) educating athletes on the Registered Testing Pool on their obligations under the BWF Anti-Doping Regulations; and
4) educating coaches, team managers and those supporting players on key aspects of the anti-doping programme and their obligations under the Regulations.
