Related case:
CAS 2009_A_1766 Liliana Popescu vs ANAD
October 9, 2009
On 3 October 2008 the Sanction Committee of the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, decided to impose a 2 year period of ineligibility on the Athlete Liliana Popescu after her sample tested positive for the prohibited substance Novel Erythropoiesis Stimulating Protein (NESP) also known as Aranesp (Darbepoetin).
The Athlete filed medical documents in her defence claiming that due to an accident in Mai 2008 she was treated in a hospital and medication was administered, including Aranesp (Darbepoetin). De Athlete also argued that she suffered from a chronic anemia since 2000 and produced two medical analyses reports in support.
Hereafter the sport club Olimpic Sport and the Athlete appealed the decision of the ANAD Sanction Committee of 3 October 2008 with the ANAD Appeal Commission.
The Appeal Commission reviewed the statements and filed documents and concludes that the Athlete’s accident in July 2008 was less serious as mentioned; the medical reports did not support the Athlete’s statement that she suffered from a chronic anemia; the Athlete’s medical doctor produced two different statements about her treatment; the Athlete did not mention the medication she used on the Doping Control Form; and she failed to notify her coach and team doctor about the accident and administered medication.
Therefore the ANAD Appeal Commissio dismissed the Appeal of Olimpic Sport (due it was filed too late), dismissed the Athlete’s Appeal and decides to uphold the decision of the ANAD Sanction Committee of 3 October 2008.
