Nevada court revokes Wand's lifetime ban and calls for new hearing

Court considers that there was excess of authority and lack of substantial evidence; Brazilian, however, is still not cleared to return to MMA

Wand (photo) continues to be at war with the UFC and Dana White. Photo: Josh Hedges/UFC

Wand (photo) continues to be at war with the UFC and Dana White. Photo: Josh Hedges/UFC

Wanderlei Silva recently won an important victory in the North American courts. The Nevada Court revoked, last Friday (15), the lifetime ban suffered by the Brazilian by the state's Athletic Commission and requested a hearing with the entity to discuss the case again.

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According to the court, the Commission's decision to ban Wanderlei from MMA for refusing to carry out a surprise anti-doping test showed “excess of authority” and “lack of substantial evidence”. As a result, the ban suffered by the Brazilian, plus the fine he received (US$70), are annulled until the new meeting with the Athletic Commission.

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However, the Nevada Court did not accept the main argument used by Wand's lawyer, who claimed that the entity did not have jurisdiction to request a surprise anti-doping test from the fighter as he had not yet been licensed to fight. According to the judge who analyzed the case, the Athletic Commission had full jurisdiction to require such exams, as Wanderlei, even without having applied to obtain the license, had already been officially confirmed at an event that would be held in Las Vegas (USA) months later.

It is not yet known when Wanderlei and his lawyer will hold a new hearing with the Nevada Athletic Commission.

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Remember the case

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In May of last year, the Nevada Athletic Commission sent an employee to the Wanderlei Silva, in Las Vegas, to collect samples for a surprise drug test. This is because the Brazilian would face Chael Sonnen at UFC 175, in July of the same year.

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However, Wanderlei secretly left his academy, without taking the exam. The Brazilian was immediately removed from the event card, being replaced by Vitor belfort – however, the fight with Sonnen did not happen, as the American had been caught with banned substances in another surprise anti-doping test.

Months later, at a hearing to judge the case, Wanderlei claimed that he had not taken the surprise drug test because he was taking diuretics, a banned substance, to correct a wrist injury suffered during the fight with Sonnen at the TUF Brasil 3 recordings.

The Athletic Commission does not accept the justification and imposes a lifetime ban from MMA on Wanderlei. This involves all events she inspects, including all events held in the city of Las Vegas. As it is considered the main regulatory athletic commission in the country, the decision is also followed by other entities around the United States.

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