CAS ad hoc Division (AG Incheon) 14/003 Tai Cheau Xuen v. Olympic Council of Asia (OCA)
Wushu (nanquan & nandao)
Doping (sibutramine)
Requirements of the International Standard for Testing regarding transportation
There is no clear requirement in either the applicable OCA Anti-Doping Rules or the IST with respect to a specific time limit which must be met for the transportation of a sample to the accredited laboratory so as to comply with such regulations. Instead the only requirement is that the sample must be transported “as soon as practicable”. In the absence of any evidence to prove that a sample was tampered with during its period of transportation and together with the fact that the veracity of the sample itself is not challenged, a time period of 16 hours during which the sample was transported to the accredited laboratory, if warranted under the circumstances and the logistical arrangements associated with such transport, is reasonable and cannot constitute a reason on which to make a finding that there has been a violation of the IST.
Ms. Tai Cheau Xuen is an Malaysian Athlete competing in the Women’s wushu nanquan and nandao event at the 2014 Asian Games in Incheon.
On 23 September 2014 the Olympic Council of Asia (OCA) has reported an anti-doping rule violation against the Athlete Tai Cheau Xuen after her A and B samples tested positive for the prohibited substance sibutramine. After notification the Athlete and the Olympic Council of Malaysia (OCM) were heard for the OCA Disciplinary Committee. Here the Athlete disputed the doping test, the sample collection and chain of custody hereafter.
The OCA Disciplinary Committee concluded that the Athlete had committed an anti-doping rule violation and that the mentioned discrepancies by the OCM about the chain of custody were not material enough to invalidate the testing procedure and the analysis.
Therefore on 30 September 2014 the OCA Disciplinary Committee decided:
1.) The Athlete should be disqualified from the 17th Incheon Asian Games 2014 and her accreditation withdrawn.
2.) Her results in the competition should be annulled and her medal withdrawn.
3.) As such the result of the event should be adjusted to reflect this disqualification.
4.) Together with this notification public disclosure of this violation will also be made.
5.) The Competitor has been made aware of her rights including the right to appeal to OCA Executive Committee within four days and /or to Courts Arbitration for Sport (CAS) within 21 days after the reception of the final decision of OCA-Disciplinary Committee. She also has the option to appeal to the CAS-Ad-hoc-committee which is sitting here in Incheon before the close of the Games.
On 1 October 2014 the Athlete appealed the decision of th OCA Disciplinary Committee with the Court of Arbitration for Sport Ad hoc Division in Incheon. The Athlete requested to annul the decision in full and reinstate her gold-medal victory. The Athlete challenged the long duration of the sample transportation and that the OCA denied the Athlete certain fundamental rights.
The CAS AD hoc Panel concludes that the Athlete failed to establish that there has been a violation of the IST and determines that the integrity of the chain of custody has not been compromised in any way.
Therefore on 3 October 2014 the Ad hoc Division CAS Panel decides to dismiss the Athlete’s appeal.
