Facts
The International Swimming Federation (FINA) charged Corrie Clark, the athlete, for a violation of the Anti-Doping Rules. On August 14, 2003, the athlete provided urine samples during the Pan American Games held in Santa Domingo (DOM). The A sample showed the presence of caffeine above the threshold value. Caffeine is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list of 2003.
History
The Pan American Sport Organisation (PASO) Executive Commission had informed FINA about the positive findings in the sample, also the B-sample was analysed and confirmed the finding of caffeine in the A-sample. The FINA doping panel didn't receive any reaction of the athlete or her representative. The panel decided to take judgement without a verbal hearing.
The representative of the athlete had sent a letter to the FINA. He referred to the fact that WADA had determined that caffeine is not a performance-enhancing substance on the prohibited list of 2004. Also he stated that the value measured was slightly over the limit allowed. The athlete had never before found positive after a doping test.
The panel concludes that there was a violation according the ruling of 2003 notwithstanding the concentration. Because caffeine is removed from the prohibited list in effect since the first of January 2004, the panel applied in this case the principle of Lex Mitior.
[PASO disqualified the results obtained at the Pan American Games, it was not notified that there was no sanction.]
Decision
- The athlete did commit a Anti-Doping Rule violation, according the principle of lex mitior she is acquitted.
