CAS 2007/A/1364 WADA v/FAW and James
In April 2007 the Football Association of Wales (FAW) reported an anti-doping rule violation against the football player Ceri James after his sample tested positive for the prohibited substance Cocaine.
Consequently the FAW Appeals Panel decided on 22 May 2007 to impose a fine and a reduced 6 month period of ineligibility on the Athlete.
Hereafter in August 2007 the World Anti-Doping Agency (WADA) appealed the FAW Decision with the Court of Arbitration for Sport (CAS). The case was settled based on the written submissions of the parties.
WADA requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete. The FAW acknowledged that the imposed 6 month sanction was not in accordance with the FIFA Disciplinary Code.
The Athlete admitted the violation and denied the intentional use of the substance. He requested the Panel for a reduced sanction.
The Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. The Panel determines that a sanction must be imposed in accordance with the FIFA Rules and that there are no grounds for a reduced sanction.
Therefore the Court of Arbitration for Sport decides on 21 December 2007:
1.) The appeal filed by the World Anti-Doping Association on 27 August 2007 is upheld, and the Appealed Decision issued by the Appeals Panel of the FAW on 22 May 2007 is varied to impose a two-year sanction.
2.) Mr. Ceri James is declared ineligible for a period of two years, from 25 April 2007 to 24 April 2009.
3.) The award is pronounced without costs, except for the Court Office fee of CHF 500 (five hundred Swiss Francs) already paid by the World Anti-Doping Association and to be retained by the CAS.
4.) Each party shall bear its own costs.