After two years of deliberation, Dr Dieter Neupert and Mr Ng Ser Miang, were sanctioned by an independent panel from World Sailing (WS) with an official warning and fine of €1,000 (US$1,060) for breaching their obligations as members of the WS Ethics Commission.
The decision was made by a three-member Independent Panel chaired by London-based lawyer and former Premier League footballer Gareth Farrelly. The two other members are Mr John Shea and Ms Laura McCallum. The judgement was finalised on 29 November last year but only recently published by WS on its website.
Both were charged with the failure to identify and address any apparent conflicts of interest in relation to ethical complaints filed to the commission, which amounted to misconduct, and also the failure to act with utmost integrity, honesty and responsibility and acting in a manner that is likely to compromise the impartiality of the Ethics Commission.
Dr Neupert, 80, former acting chairman of the commission, was further charged with making potentially defamatory remarks against the former WS President, Mr Kim Andersen, in front of the Ethics Commission and members of the WS Executive.
The charges against the two were in light of complaints filed by Mr Andersen on 25 September 2020, against Mr Ng and Dr Neupert, relating to their failure to identify and address any apparent conflict of interest with regard to the ongoing cases involving him.
Mr Andersen had faced three ethical complaints against him, which he claims were part of a smear campaign against him prior to the WS presidential election held in October of that year. He was then narrowly beaten by China’s Li Quanhai Li in a run-off by 68 votes to 60.
The WS Ethics Commission eventually dismissed two complaints against Mr Andersen, while the third was withdrawn.
Mr Andersen had also alleged Mr Ng of actively trying to oust him from his position and that he was supported by Dr Neupert, claiming the pair had committed “gross violations” of World Sailing’s ethics code.
The Singaporean had allegedly emailed a member of the World Sailing Election Commission, which quoted IOC chief ethics and compliance officer Pâquerette Girard Zappelli, and warned allegations against Mr Andersen, who was then the incumbent President and another candidate, Scott Perry, could damage the organisation’s reputation if they were elected.
WS publicly condemned Mr Ng for what it claims is an attempt from the International Olympic Committee (IOC) vice-president to “compromise” and interfere with the body’s upcoming Presidential election. It also claimed Mr Ng had “misused” his position “in order to intervene in the election and politics of an autonomous International Federation (IF)”.
Mr Ng and Dr Neupert resigned from the Ethics Commission in December 2020 and January 2021, respectively.
Ms Lydia Banerjee, who was appointed by the WS Judicial Board as the second Disciplinary Investigating Officer (DIO), had concluded in her investigation that the two should have stepped aside from any further involvement in the cases against Mr Andersen when there was a conflict of interest established at the point at which the complaint was filed against them.
The independent panel wrote in their judgement, “It is evident that Dr Neupert retained control over all correspondence and continued to liaise with Mr Andersen’s representatives as well as the other members of the Ethics Commission, inter alia, despite the fact that a complaint had been made directly against him and Mr Ser Miang, citing a potential conflict of interest in relation to the other two cases.”
They added, “This called into question the integrity of the process, and potentially compromised, not only the investigations themselves, but also the Ethics Commission. It is telling that Mr Ser Miang also remained involved and voted on the decision taken by the Ethics Commission on 8 October 2020.”
The independent panel noted that Dr Neupert and Mr Ng were invited to address the Panel if they so wished. While Dr Neupert submitted detailed representations, the contents of which were noted, Mr Ng did not.
Mr Ng is also said to have failed to engage with both DIOs whilst they were conducting their investigations and there was no means by which he could be compelled to co-operate.
However, in relation to the charge brought against him, it was claimed by Dr Neupert that he was authorised to act on Mr Ng’s behalf.
Dr Neupert and Mr Ng denied all charges brought against them.
The independent panel noted, “This case was by no means straightforward. It is clear that this case was highly politicised within World Sailing and related to governance issues in relation to the operation and functioning of the ethics commission.”
“The DIO noted that the allegations against Mr Andersen at the time, which were not substantiated, but which caused damage to his reputation, and which Mr Andersen complained with good cause, showed that there had been a campaign to influence the election and damage his reputation.” wrote the independent panel.
Mr Ng is a veteran sports administrator in Singapore and has served the IOC as a member since 1998.
He was vice-president of the Singapore National Olympic Council (SNOC) from 1990 to 2014 and is currently the chairman of its games appeals committee and finance committee.
When contacted by The Straits Times, Mr Ng, 73, said on Wednesday: “I resigned from the World Sailing Ethics Commission in December 2020. I served the World Sailing Ethics Commission as a volunteer and have done so without fear or favour, and in full compliance with its rules and regulations.
“World Sailing has no jurisdiction over me after December 2020. I have not taken part in any of their proceedings and reject any allegations and sanctions made against me by World Sailing.”
