Wednesday, November 06, 2013

Vijay Singh
Credit: Getty Images

According to a transcript of recent court proceedings released by the Supreme Court of the State of New York, Singh's lawyer Peter Ginsberg alleged that he has evidence that PGA Tour Commissioner Tim Finchem has not only repeatedly exempted Tour players from drug testing but also failed to punish players for positive tests.

"[O]ne of the elements of bad faith that we are prepared to show in this case, is that the PGA (Tour) has made exception after exception after exception, both with regard to whom it was administering this drug policy, and against whom it was disciplining, violators of the drug policy,” said Ginsberg in a hearing on Oct. 24.
"[F]or some reason, the PGA (Tour) singled out Mr. Singh and treated him in a way that it has not historically or uniformly treated other PGA (Tour) members."
In a January 2013 issue of Sports Illustrated PGA Tour's Prohibited Substances List
"Vijay wasn't assessed this action because he was negligent. He wasn't assessed it because he made a mistake. He was assessed it because he violated the doping code, and the doping code is predicated on a list of substances," Finchem told the Associated Press. "And we're now finding from WADA that that substance doesn't trigger a positive test to admission, so we have to respect that."
Singh filed suit against the PGA Tour

"Now, [the PGA Tour is] taking the position, it doesn't matter why, doesn't matter what we did, doesn't matter what we didn't do ... We are untouchable. We are immunized," said Ginsberg.
"You can't ask what our bad faith motive was ... whether it's because Mr. Singh isn't from the United States or Mr. Singh didn't go to the right PGA party or Mr. Singh did something that Tim Finchem didn't like.
"[W]e have the right to discover, A, why the PGA (Tour) did not responsibly turn to the scientific evidence before it disciplined Mr. Singh, and we have the right to determine why Mr. Singh was treated so differently than so many other golfers ... That's what this case is about."

Said Mishkin: "[N]o one pressured Mr. Singh to play on the PGA Tour. He wanted to play on the PGA Tour, and like every other player, he agreed to the eligibility conditions."

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