The Federazione Italiana Tennis (FIT), the Italian Tennis Federation, has reported an anti-doping rule violation against the Athlete Nicola Gambi after his samples, provided on 22 July and 22 August 2007, tested positive for the prohibited substance cocaine.
After notification the Athlete was provisional suspended and heard by the Ufficio di Procura Antidoping (UPA), the CONI Anti-Doping Prosecution Office. The Athlete admitted that he used cocaine 5 days before the doping tests and without intention to enhance sport performance.
The FIT Federal Appeal Court accepted the Athlete's statement and decided on 25 January 2008 to impose a 1 year period of ineligibility on the Athlete, starting on the date of the provisional suspension.
Hereafter the CONI Anti-Doping Prosecution Office (UPA) and WADA appealed the decision of the FIT Federal Appeal Court with the CONI Anti-Doping Supreme Court. UPA and WADA requested to set aside the decision of the FIT Federal Appeal Court and argued there were no grounds to impose a less severe sanction on the Athlete.
The Court rules that the presence of the prohibited substance in the Athletes sample is an anti-doping rule violation. The Court concludes that the Athlete acted negligently and rejects the Athlete’s statement that he had no intention to enhance his sport performance.
Therefore the CONI Anti-Doping Supreme Court decides to set aside the FIT Federal Appeal Court Decision of 25 January 2007 and to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. 14 September 2007.
