CAS 2005/A/923 WADA vs Danilo Hondo & Swiss Olympics
CAS 2005/A/926 UCI vs Danilo Hondo & Swiss Olympics
January 10, 2006
Related case:
Swiss Federal Court 4P.148_2006
January 10, 2007
In March 2005 the International Cycling Federation (UCI) has reported an anti-doping rule violation against the Athlete Danilo Hondo after his A and B samples tested positive for the prohibited substance Carphedon. After notification by Swiss Cycling the Athlete was heard for the Disciplinary Chamber for Dopingcases of Swiss Olympic.
On 2 June 2005 the Disciplinary Chamber decided to impose 2 year period of ineligibility on the Athlete, with 1 year suspended for a 5 year period. Also the Disciplinary Chamber sanctioned the Athlete with a CHF 50,000 fine and ordered to pay CHF 5,000 for the procedural costs.
Hereafter in July 2005 the Athlete, UCI and WADA appealed the Swiss Olympic decision of 2 June 2005 with the Court of Arbitration for Sport (CAS).
Considering the Athlete’s arguments the Panel finds that:
- no departure from the ISL occurred in this case;
- the Athlete failed to establish how the substance entered his system and
- failed to establish grounds for reduction of the sanction.
Considering the arguments of UCI and WADA, the Panel concludes that the UCI Anti-Doping Rules doesn’t allow the imposition by Swiss Olympics of a suspended sanction, nor the possibility to fine an Athlete guilty of an anti-doping rule violation.
Therefore the Court of Arbitration for Sport Panel decides 9 March 2007:
1.) to allow the WADA appeal;
2.) to allow the UCI appeal;
3.) to dismiss the appeal of the Athlete Danilo Hondo;
4.) to set aside the decision of the Disciplinary Chamber for Dopingcase of Swiss Olympic of 2 June 2005;
5.) to impose a 2 year period of ineligibility on the Athlete, starting on 1 April 2005 until 31 March 2007.