Related case:
CAS 2015_A_4200 Nikola Radjen vs FINA
June 17, 2016
Facts
The International Swimming Federation (FINA) charged Nikola Radjen, the athlete, for a violation of Anti-Doping Rules. The athlete had two in-competition tests on February 17, 2015 and April 15, 2015. Analysis of the samples showed the presence of metabolites of cocaine. Cocaine is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.
History
The Chairman of the FINA Doping Panel advised Mr Radjen that both matters would be treated by the FINA Doping Panel in one decision.
The athlete submitted in writing that he had used cocaine out-of-competition in order to deal with personal problems. There was no intention to enhance sport performance.
In this matter, the athlete claims to have used the prohibited substance due to personal problems, there was no intention to enhance sport performance. However the Athlete provided no specific explanation of the manner nor the circumstances in which he took any substance which would yield an adverse analytical finding. Hence, there is no room for a defence based on no fault or negligence, nor no significant fault nor negligence. In addition, the Panel noted that the Athlete spontaneously took steps to render public his anti-doping violation and appears willing to use his misfortune as an educational example for youngsters and other athletes to take lessons from. Undoubtedly, the Athlete's actions after the fact point to a willingness to acknowledge his mistake but he has failed to bring any other anti-doping rule violation to light.
Decision
- The sanction is a 4 (four) year period of ineligibility commencing on May 7, 2015, and ending at the conclusion of May 6, 2019, for his first anti-doping rule violation.
- All results obtained by the athlete on or after February 17, 2015, are disqualified. Any medals, points and prizes achieved during that period shall be forfeited.
- All costs of this case shall be borne by the Water Polo Federation of Serbia.
- 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 judgement.
