Related case:
CAS 2014_A_3548 Indra Gunawan vs FINA
September 2, 2014
FINA 2014 FINA vs Putera Guntur Pratama
March 1, 2014
CAS 2014_A_3549 Putera Guntur Pratama vs FINA
September 2, 2014
In July 2013 the Olympic Council of Asia (OCA) has reported an anti-doping rule violation against the Indonesian Swimmer Hunawan Indra after his A and B samples tested positive for the prohibited substance Methylhexaneamine (dimethylpentylamine).
After hearing the Swimmer the OCA Disciplinary Commission decided on 13 July 2013 to disqualify the Swimmer from the 4th Asian Indoor and Martial Arts Games 2013, to nullify the results and all attained medals and to withdraw any other prizer or cerfticates.
Hereafter the Disciplinary Commission of the Lembaga Anti Doping Indonesia (LADI), the Indonesian Anti-Doping Agency, decided to impose a 3 month period of ineligibility on the Swimmer, starting on 13 August 2013.
In November 2013 FINA informed the Swimmer of a FINA hearing about the reported anti-doping rule violation. The Swimmer waived his right to attend the hearing of the FINA Doping Panel nor did he file a statement in his defence.
According to the facts in this case, as mentioned in the LADI decision, the FINA Panel concludes that the athlete has established how the Specified Substance entered his body. However, there is no evidence of an absence of intent to enhance sport performance. The athlete did not allege before any of the jurisdictions before which this case was presented any therapeutic or health reasons which would have lead him to use this product.
On the basis of lack of evidence to the contrary, the Panel therefore decides:
1.) The Swimmer Mr. Gunawan lndra receives a two years period of ineligibility commencing on 1 July 2013 and ending at the conclusion of 30 June 2015 for his first anti-doping rule violation.
2.) All results obtained by Mr. Gunawan lndra after 1 July 2013 and through the date of this decision are disqualified. Any medals, points and prizes achieved during that period shall be forfeited.
3.) All costs of this case shall be borne by the Indonesian Swimming Federation.
4.) Any appeal against this decision may be referred to the Court of Arbitration for Sport (CAS), Lausanne, Switzerland not later than twenty one (21) days after receipt of this judgment.
