Wanderlei Silva's drug test issue was condemned by the fighter's lawyer, citing that the Nevada Athletic Commission "lacked jurisdiction" to impose sanctions on "The Axe Murderer."
Wanderlei Silva's drug test issues came about once again, after the veteran fighter's camp filed a motion to dismiss his supposed disciplinary hearing, which was scheduled for Thursday.
Lawyer Ross Goodman communicated their grievances through a letter he sent last week to Nevada's Deputy Attorney General Christopher Eccles, which was reported by mixed martial arts news outfit MMAFighting.com.
In the letter regarding Wanderlei Silva's drug test issues, Goodman pointed out a loophole within the case filed by the Nevada Athletic Commission. According to him, the Commission may have violated NAC 467.850 (1), (2), and (5), stating, "a licensee who violates any provision of this section is subject to disciplinary action by the Commission."
Goodman argued that Silva had yet to be licensed for his scheduled fight against Chael Sonnen at UFC 175, during the time of the random test.
"A review of other complaints for Disciplinary Action consistently relies on the unarmed combatants' status as a 'licensee' as the jurisdictional basis for the NSAC's authority to seek discipline," Goodman wrote. "Here, the NSAC cannot cure this jurisdictional defect by eliminating the phrase 'licensee' and simply refer to Mr. Silva as an 'unarmed combatant."
"Mr. Silva is not an unarmed combatant because he did not compete in UFC 175," he continued. "The NSAC has never been vested with the authority to direct or order non-licensed persons to submit to a chemical test."
Goodman then criticized the Athletic Commission, citing that they "lacked jurisdiction" to impose a sanction upon Wanderlei Silva.
"It is abundantly clear that the NSAC lacks jurisdiction to take disciplinary action over Mr. Silva, a non-licensee, for not submitting to testing that the NSAC had no authority to order," Goodman wrote.