Related case:
CAS 2008_A_1572 Rebeca Braga Gusmao vs FINA
November 13, 2009
The Féderation Internationale de Natation (FINA) has reported an anti-doping rule violation in May 2008 against the Swimmer for tampering, or attempting to tamper, with any part of Doping Control. The Swimmer filed a statement in her defence and she was heard for the FINA Doping Panel in July 2008.
The FINA Doping Panel had already issued two judgements related to the Swimmer. In each of the judgements is stated that the Swimmer committed an anti-doping rule violation. The FINA Doping Panel concludes that the Swimmer committed an anti-doping rule violation.
Therefore, as a second anti-doping rule violation, the FINA Doping Panel decides to impose a lifetime ineligiblility on the Swimmer. All results achieved by the Swimmer since 18 July 2007 shall be annulled together with the consequence thereof.
Hereafter the Swimmer appealed with the Court of Arbitration for Sport (CAS) . The Athlete filed three appeals against de FINA decisions dated 12 May 2008, 17 July 2008, and 3 September 2008 respectively, which stated various anti-doping rule violations allegedly committed by her and the Athlete was declared ineligible to compete for life.
Ultimately the Court of Arbitration for Sport decides on 13 November 2009 that:
1.) The appeals filed by the Swimmer on 12 May 2008, 17 July 2008 and 3 September 2008 are dismissed.
2.) The decisions adopted by the Doping Panel of FINA dated 12 May 2008, 17 July 2003, and 3 September 2008 are upheld as far as they do not contradict this Award.
3.) The Swimmer is declared ineligible to compete for life as from 13 November 2009.
4.) All results obtained by the Swimmer during the Brazilian Swimming Championship in May 2006 and all results obtained as from 12 July 2007 are disqualified. She is ordered to return all medals, diploma, rewards and prize money, accordingly.
5.) This award is pronounced without costs, except for the Court Office fee of CHF 500, which is retained by the CAS. Each party will bear its own legal costs and other expenses, except for a contribution of CHF 3000 to the legal costs of the Respondent which Appellant shall pay.
6.) All other motions or prayers for relief are dismissed.
