TAS 2008/A/1587 Luca Ascani c. UPA-CONI & FCI
CAS 2008/A/1587 Luca Ascani vs CONI & FCI
In August 2007 the Italian Cycling Federation (FCI) reported an anti-doping rule violation against the cyclist Luca Ascani after he tested positive for the prohibited substance Recombinant Erythropoietin (rhEPO).
Consequently on 9 May 2008 the CONI Giudice di Ultima Instanza in Materia di Doping (the Anti-Doping Supreme Court) decided to impose a 2 year period of ineligibility on the Athlete.
Hereafter in June 2008 the Athlete appealed the CONI decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Appealed Decison and to eliminate or reduce the imposed sanction.
The Athlete claimed that the delays in the proceedings and his right to be heard were violated. He also asserted that several irregularities that had occurred during the Doping Control and during the analysis in the Rome Laboratory would invalidate the test results.
The Panel assessed and adresses the issues raised by the Athlete and determines that:
- The delays in the proceedings were not unreasonable whereas some of the delays were attributed to the Athlete.
- The Athlete had confirmed at the end of the hearing that he had received the opportunity to present his defence.
- No violations have been established during the sample collection procedure.
- No departures of the ISL have been established in the Rome Laboratory that could invalidate the test results.
Accordingly the Panel finds that the presence of the prohibited substance rhEPO has been established in the Athlete's samples and that he committed an anti-doping rule violation.
Therefore the Court of Arbitration for Sport decides on 9 February 2009 to partially dismiss the Athlete's appeal and to uphold the Appealed Decision for the imposititon of a sanction of 2 years.
The Panel only has reformed the commencement of the ineligibility period and set on the date of the sample collection, i.e. on 4 August 2007.
