The lifetime ban given to Wanderlei Silva by the Nevada Athletic Commission was struck down earlier this year, and later this month the case comes back to the commission for a more defined punishment.
According to a report from MMAJunkie.com, Silva’s case is on the agenda for the commission’s meeting on Oct. 29, though the fighter himself won’t be appearing.
Silva was disciplined for skipping out on the commission’s attempt to test him randomly ahead of a planned bout with Chael Sonnen in the summer of 2014, a fight which had a date and for which Silva had already done press events. After skipping out on the test, Silva attempted to argue that the commission had no jurisdiction over him as he was not licensed at the time they attempted to administer the test.
The commission balked at that notion, and banned him for life from fighting in Nevada. Nevada district judge Kerry L. Earley ruled in May that their punishment was “arbitrary and capricious” and sent it back to the commission. However, the judge determined that the commission did have jurisdiction to administer the test, and thus to impose some measure of discipline.
Silva’s team is still appealing that ruling, and will be taking their case to the state supreme court after they make another ruling. Silva’s attorney Ross Goodman says that they just want to get through the hearing quick to move on toward their appeal.
“I just want to get [the hearing] done, so we can get [the appeal] back to the supreme court,” Goodman said. “I’m not going to have him show up, because our whole position is that they don’t have jurisdiction over him anyway. I’m not going to do a Nick Diaz. There’s nothing to gain.”
Penick’s Analysis: This is a formality for Silva’s side. They believe any punishment is unwarranted because of the jurisdiction issue, and if they prevail there it won’t matter what the commission says on Oct. 29. Regardless, they’ll throw something out, and I wouldn’t be surprised in the least if it’s in the vein of the five years they gave Nick Diaz just because they feel they can.