CAS 2007/A/1445 WADA v/ Qatar Football Association & Ali Jumah A.A. Al-Mohadanni
In June 2007 the Qatar Football Association (QFA) reported an anti-doping rule violation against the football player Ali Jumah A.A. Al-Mohadanni after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
Thereupon the QFA Disciplinary Committee accepted the Athlete's explanation that a supplement was the source and on 7 June 2007 it decided to impose a 3 month period of ineligibility on the Athlete.
Hereafter in December 2007 the World Anti-Doping Agency (WADA) appealed the QFA Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to sanction the Athlete for 2 years.
WADA contended that the presence of 19-norandrosterone has been established in the Athlete's sample. Also the concentration in his sample was too high to be the result of endogenous production, rather the result of exogenous use of this substance.
Further WADA contended that the Athlete failed to demonstrate how the substance had entered his system and that there are no grounds for a reduced sanction.
The Panel finds that the presence of 19-norandrosterone had been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
Following assessment of the evidence in this case the Panel concludes that the Athlete acted with Significant Fault or Negligence. The Panel considers that there was no evidence that the Athlete took any particular precautions when purchasing and ingesting the nutritional supplement in question.
Therefore on 21 August 2008 The Court of Arbitration for Sport decides:
1.) The World Anti-Doping Agency's appeal against the decision dated 7 June 2007 of the QFA Disciplinary Committee is upheld.
2.) The decision issued by the Qatar Football Association Disciplinary Committee is set aside.
3.) The Player, Mr. Ali Jumah A.A. Al-Mohadainni, is declared ineligible for a period of 21 months starting from the 27 May 2008.
4.) All ether motions or prayers for relief are dismissed.
5.) This award is pronounced without costs, except for the court office fee of CHF 500 (five hundred Swiss francs) paid by WADA, which is retained by CAS.
6.) The QFA is ordered to pay the amount of CHF 5,000 (five thousand Swiss Francs) as a contribution towards the expenses incurred by WADA with this arbitration proceeding,
