CAS OG 04/004 David Munyasia v. International Olympic Committee
CAS ad hoc Division (OG Athens) 04/004 David Munyasia v. International Olympic Committee (IOC)
CAS arbitration N° CAS OG 04/004 Mr. David Munyasia vs International Olympic Committee (IOC)
Related case:
IOC 2004 IOC vs David Munyasia
August 10, 2004
- Boxing
- Doping (cathine)
- Jurisdiction of the CAS ad hoc Division in case of exclusion from the Olympic Games and withdrawal of the Olympic accreditation
If an appeal is lodged against a decision of exclusion from the Olympic Games and withdrawal of the Olympic accreditation, the jurisdiction of the CAS ad hoc Division is to confirm or reverse the decision of the IOC Executive Board. Any submission regarding deferral of the decision until further analysis of the urine had been undertaken and the implications thereof must be made before the International Federation within whose competence it is to further sanction or not sanction the athlete.
Mr. David Munyasia is a Kenyan Athlete competing in the boxing event at the Athens 2004 Olympic Games.
In August 2004 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance Cathine.
On 29 August 2004 the IOC Executive Board unanimously concluded that the Athlete had committed an anti-doping rule violation and decided to exclude the Athlete from the Athens 2004 Olympic Games. Thereupon the Board requested the International Boxing Association (AIBA) to consider any further action within its own competence.
Hereafter the Athlete appealed the IOC decision with the Court of Arbitration for Sport ad hoc Division.
The Athlete denied the use of prohibited substances during his career, he asserted that he was tested before without issues and that he had only used antibiotics.
The Panel finds that a doping offence has been established after a prohibited substance was founde in his samples and it cannot accept the request for deferral of the IOC-decision. Any submission regarding further lab analysis are properly made before the AIBA.
Therefore the CAS ad hoc Division confirms the IOC decision and decides on 15 August 2004 to reject the Athlete’s appeal.
