Manny Pacquiao has been
criticised for his lack of honesty, as faces a potential lawsuit for
failing to disclose a shoulder injury before his defeat by Floyd Mayweather.
The 36-year-old will
spend up to a year on the sidelines as he prepares to undergo surgery on his
torn rotator cuff, an injury he suffered in training. But, the Filipino star
could also be guilty of perjury after signing a pre-fight questionnaire without
revealing he was hurt.
Manny Pacquiao pictured on Monday with his arm
in a sling as he prepares to undergo surgery
Pacquiao's pre-fight questionnaire which shows
he did not disclose his shoulder injury
Nevada
Athletic Commission executive director Bob Bennett spoke about his annoyance at
Pacquiao failing to report the injury earlier and how they were put in a
difficult situation.
He said: 'It's not just
the fact he didn't fill out the question completely, it was that he wasn't
honest and they didn't tell us a month ago when he had the shoulder injury. 'They're
not obligated to, but two hours before the fight they wanted a shot that's a
painkiller, in essence. That put us in a very precarious position.'
A copy of the document obtained
shows that Pacquiao was taking several painkillers, while the word 'No' is
marked next to the question: 'Have you had any injury to your shoulders,
elbows, or hands that needed evaluation or examination?'
By signing the document,
both Pacquiao and his adviser Michael Koncz 'hereby swear under penalty of
perjury, that the above information is true and correct to the best of my
knowledge'.
Under chapter 199 of the
law of Nevada (NRS), 'A person who, in a declaration made under penalty of
perjury, makes a wilful and false statement in a matter material to the issue
or point in question is guilty of perjury or subornation of perjury, as the
case may be, which is a category D felony and shall be punished.'
The punishment for a
crime of this nature is between one and four years in prison and a fine of up
to $5,000 (£3,305).
Pacquiao could also be
fined or banned by the Nevada State Athletic Commission. The commission' chairman
Francisco Aguilar said that the state attorney general's office will look at
why the injury was not declared.
'We will
gather all the facts and follow the circumstances,' he said. 'At some point we
will have some discussion. As a licensee of the commission you want to make
sure fighters are giving you up-to-date information.
'The
medications he was taking were disclosed on his medical questionnaire, but not
the actual injury. 'This isn't our first fight. This is our business. There is
a process, and when you try to screw with the process, it's not going to work
for you.'
Koncz
told the New York Times: 'Number one, Manny
didn't check the box. I checked it. It was just an inadvertent mistake. If I
was trying to hide anything, would I have listed all the medications on the
sheet that he intended to use? We weren't trying to hide anything. I just don't
think I read the questionnaire correctly.
'I'm
going to take full responsibility for what happened. The wrong box was checked.
But I think part of the responsibility also lies with the commission. Wouldn't
you ask a question about all these medications (on the questionnaire)?
'The
bottom line is that we weren't trying to hide anything. If we had wanted to, we
could have done the injection at the hotel before the fight and nobody would
have known but we didn't want to hide anything.'
The
36-year-old's physician, Dr Neal ElAttrache told ESPN.com: 'Once you know he has a tear
that's not going to heal on its own, then the decision for an active person is
you want to try to fix this before it gets bigger.
'If all
goes as expected with the surgery and the rehab is successful, Manny could be
back training in about six months. 'At that point, he will be regaining
strength and endurance, and competition is reasonable within nine months to a
year. But this is a severe enough tear that it won't heal without being
repaired.'
Earlier
on Monday, his team expressed their disappointment that the boxer was not
allowed to continue his treatment in the dressing room. A joint statement
issued by promoters Top Rank Boxing read: 'During training, Manny Pacquiao
suffered a right shoulder injury.
'Manny went
to see world-class doctors, partners in the prestigious Kerlan Jobe Orthopedic
Clinic, who performed tests and, in consultation with Manny, his promoter, and
his advisors, concluded that with short rest, treatments, and close monitoring,
Manny could train and, on May 2, step into the ring against Floyd Mayweather.
'Manny's
advisors notified the United States Anti-Doping Agency (USADA) of the shoulder
injury and the treatments being proposed by the doctors during training and on
fight night. 'USADA spoke to Manny's doctors twice, investigated, and confirmed
in writing that the proposed treatments, if used, were completely allowed. The
medication approved for fight night was a non-steroidal anti-inflammatory
(Toradol).
'Manny
continued to train and his shoulder improved, though not 100 per cent. This is
boxing, injuries happen, and Manny is a warrior. 'Again, in consultation with
his doctors, promoter and advisors, Manny decided to proceed with the fight
anticipating that he could receive his pre-fight treatment. That specific
treatment had been approved by USADA in writing at least five days before the
fight.
'On his
pre-fight medical form filled out earlier in the week, Manny's advisors listed
the medications that Manny used in training and the medications that might be
used on fight night. 'A few hours before he was expected to step in the ring,
when Manny's doctors began the process, the Nevada Commission stopped the
treatment because it said it was unaware of Manny's shoulder injury.
'This was
disappointing to Team Pacquiao since they had disclosed the injury and
treatment to USADA, USADA approved the treatments, and Manny had listed the
medication on his pre-fight medical form.
'Also,
USADA had provided a copy of its contract with the fighters to the Commission.
An hour before the fight, Manny's advisors asked the Commission to reconsider
and the director of USADA advised the Commission that USADA had approved the
fight-night treatment, but the Commission denied the request.
'With the
advice of his doctors, Manny still decided to proceed with the fight. His
shoulder wasn't perfect but it had improved in training camp. 'However, as
Manny has said multiple times, he makes no excuses. Manny gave it his best.'
But
USADA's Travis Tygart said the agency was 'only a third party to the fight,
charged only with testing the fighters for banned substances in training and
the night of the bout.'
He said
they had no medical information or any copy of an MRI scan or other documents. 'It was
not an anti-doping issue,' Tygart told AP. 'The real question is why his camp
checked 'no' on the disclosure. 'Either they made a terrible mistake not to
follow the rules, or they were trying not to give information to the other
side. I'm not sure there's a middle ground.'
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