TAS 2009/A/1873 WADA c/ Federation Portugese de Cyclisme (UVP-FPC) et M. João Paulo da Costa Cabreira
CAS 2009/A/1873 WADA vs FPC & João Paulo da Costa Cabreira
In May 2008 the Portuguese Police conducted criminal investigations against the cycling team LA-MSS. As part of their investigations the Athlete João Paulo da Costa Cabreira and other team members provided a sample for doping control. Thereupon in August 2008 the Portuguese Cycling Federation (FPC) reported an anti-doping rule violation against the Athlete for tampering with any part of the doping control.
Consequently on 24 February 2009 the FPC Disciplinary Council decided to sanction the Athlete for 2 years. Yet, following the Athlete's appeal the FPC Judicial Council decided on 6 May 2009 to set aside the decision of 24 February 2009 and to acquit the Athlete.
Hereafter WADA appealed the FPC Judicial Council decision of 6 May 2009 with the Court of Arbitration for Sport (CAS). WADA requested the CAS Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.
The Athlete denied the possession and use of doping and argued that he was tested before without any issues. He disputed the reliability of the test result and asserted that there had been departures during the sample collection and the chain of custody.
Further the Athlete complained that he his reputation was damaged following the negative publicity whereas the search of his car and house had not revealed possession of prohibited substances.
Based on the evidence and statements made by expert witnesses the Panel concludes that the WADA Cologne Laboratory has established that it had applied a valid method to analyze the sample of the Athlete. The Panel determines that the sample showed that the Athlete intentionally had used the Bacillolysing powder which has the ability to degrade the prohibited substance EPO.
Therefore the Court of Arbitration for Sport decides on 19 April 2010 to annul the Appealed Decision of 6 May 2009 and to impose a 2 year period of ineligibility on the Athlete, starting on 24 February 2009.
