Related case:
ANAD Comisia de Audiere 2010_29 ANAD vs Miruna Elena Trifan & Xenofonte Bobob
August 12, 2010
In June 2009 the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the minor Athlete Miruna Elena Trifan after her sample tested positive for the prohibited substance metandienone.
The Athlete stated she had used pills provided by her coach. The coach admitted he gave the Athlete Naposim (metandienone) without the medical staff’s notice and without knowledge of the Athlete or members of her family.
Due to the coach's guilt and the Athlete’s no fault, the Romanian Hearing Commission of Athletes and Athlete Support Personnel decided not to sanction the Athlete on 12 August 2010. The Athlete’s coach however was sanctioned with a lifetime period of ineligibility.
Hereafter in September 2010 WADA appealed the decision of the Hearing Commission with the Romanian Appeal Commission. WADA requested the Appeal Commission to set aside the decision of the Hearing Commission and to impose a 2 year period of ineligibility on the Athlete. WADA argued that the Athlete failed to exercise utmost caution in using the pills.
Considering the circumstances the Romanian Appeal Commission concludes that the Athlete did not show a significant fault or negligence regarding the way the prohibited substance got into her body.
However the Appeal Commission notes that it is not necessary to prove the intention or the Athlete’s fault to establish the anti-doping rule violation due to the strict responsibility principle of the Athlete for finding the prohibited substances in her body.
The Commission rules that the WADA appeal is allowed and to set aside the decision of the Romanian Hearing Commission of Athletes and Athlete Support Personnel.
Therefore Romanian Appeal Commission decides to impose a 1 year period of ineligibility on the Athlete, starting on 8 July 2010.
