The Federazione Italiana Sport Invernali (FISI), the Italian Winter Sports Federation, has reported an anti-doping rule violation against the Athlete Marko Deflorian after his A and B samples tested positive for the prohibited substance cocaine.
After notification a provisional suspension was ordered and the Athlete was heard by the Ufficio di Procura Antidoping (UPA), the CONI Anti-Doping Prosecution Office.
The Athlete denied the use of cocaine and stated that the positive test was probably caused by herbal tea consumed in the two days before the doping test. Laboratorium analysis confirmed that the herbal thee contained caffeine and coca leaves.
Considering the circumstances and the evidence in this case, the FISI Disciplinary Commission acquitted the Athlete on 18 September 2008 due to no fault or negligence.
Hereafter WADA appealed the FISI Decision of 18 September 2008 with the CONI Tribunale Nazionale Antidoping. WADA requested to set aside the decision of the FISI Disciplinary Commission and argued there were grounds to impose a period of ineligibility between 8 and 24 months on the Athlete.
The Tribunal concludes that the Athlete had no intention to enhance his sport performance, but also acted negligently. Considering the circumstances and delays in this case, the CONI Tribunale Nazionale Antidoping decides to impose a 18 month period on the Athlete, starting on the date of the sample collection, i.e. on 19 February 2008.
