Related cases:
- CAS 2012_A_2804 Dimitar Kutrovsky vs ITF
October 3, 2012 - ITF 2015 ITF vs Dimitar Kutrovsky
October 1, 2017
Facts
Dimitar Kutrovsky (player) was charged for an anti-doping rule violation. On February 14, 2012, at the SAP Open tournament held in San José, California from February 13-19, 2012, het provided an urine sample. The A sample tested positive for the substance methylhexeanamine (MHA). An oral hearing in respect of the charge took place in London on April 19, 2012, with telephone links to the player and his legal representatives in the USA.
History
The player asserted that he had purchased a supplement called “Jack3d” in powder form over the counter in August 2011, the Jack3d contained methylhexaneamine (MHA) he wasn't aware of this.
Decision
The Tribunal:
1. confirms the commission of the doping offence specified in the notice of charge set out in the ITF’s letter to the player dated March 8, 2012, namely that a prohibited substance, , was present in the urine sample provided by the player at the SAP Open in San José, California, on February 14, 2012;
2. orders that the player’s individual results must be disqualified in respect of the SAP Open tournament in San José in February 2012, and in consequence rules that the prize money and ranking points obtained by the player through his participation in that event must be forfeited;
3. orders, further, that the player’s individual results (including ranking points and prize money) in the ITF Futures event in Brownsville, Texas, later in February 2012 shall be disqualified and all prize money and ranking points in respect of that competition shall be forfeited;
4. finds that the player has succeeded in establishing by a balance of probability how the prohibited substance entered his body;
5. finds that the player has not succeeded in establishing to the comfortable satisfaction of the Tribunal that his use of the prohibited substance leading to the positive test result in respect of the sample taken on February 14, 2012 was not intended to enhance his sport performance; and
6. declares the player ineligible for a period of two years commencing on February 14,2012 and expiring at midnight (London time) on February 13, 2014 from participating in any capacity in any event or activity (other than authorized anti-doping education or rehabilitation programs) or competition authorized, organized or sanctioned by the ITF or any of the other bodies referred to in Article 10.10.1(b) of the Program.
7. This decision may be appealed to the Court of Arbitration for Sport by any of the parties referred to in Article 12 of the Program, in accordance with the provisions of Article 12.
