CAS 2014_A_3615 WADA vs Lauris Daiders, Jànis Daiders and FIM

CAS 2014/A/3615 WADA v. Lauris Daiders, Jànis Daiders & FIM

On 21 March 2014 the FIM International Disciplinary Court decided to impost a 15 month period of ineligibility on the riders Lauris Daiders and Jànis Daiders after Lauris Daiders tested positive for the prohibited substance Clenbuterol.

Hereafter in May 2014 the World Anti-Doping Agency (WADA) appealed the FIM decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision regarding the Athlete Lauris Daiders and to impose a 2 year period of ineligibility on the Athlete.

The Athlete accepted the test result and denied the intentional use of the substance. In his defence he provided a number of possible scenarios of how Clenbuterol could have entered his system, as well as a list of food supplements he had been taking.

The Panel establishes that the Athlete failed to produce any corroborating evidence in support of any of his hypotheses as to how Clebuterol might have entered his system. As a result the Panel deems that there are no grounds for a reduced sanction.

Therefore the Court of Arbitration for Sport decides on 30 January 2015

1. The Appeal filed by the World Anti-Doping Agency on May 28, 2014, against the Decision of the International Disciplinary Court of the Fédération Internationale de Motocyclisme dated 21 March 2014 is upheld.
2. The decision rendered by the International Disciplinary Court of the FIM dated March 21, 2014, is set aside.
3. Mr Lauris Daiders is sanctioned with a period of ineligibility of two years commencing on the date of this award. Any period of ineligibility, whether imposed on or voluntarily accepted by Mr Lauris Daiders before the entry into force of this award, shall be credited against the total period of ineligibility to be served.
4. All competitive results obtained by Mr Lauris Daiders – whether alone or as part of a team - from and including July 21, 2013, through the commencement of his provisional suspension are disqualified, with all resulting consequences including forfeiture of any medals, points and prizes.
5. The present award is pronounced without costs, except for the CAS Court Office fee of CHF 1,000 (one thousand Swiss Francs) already paid by the World Anti-Doping Agency, which is retained by the CAS.
6. The FIM shall contribute CHF 3’000 (three thousand Swiss Francs) to the WADA for its legal fees and other expenses incurred in connection with these arbitration proceedings. The other parties shall bear their own legal costs and expenses incurred in connection with the present proceedings.
7. All other or further requests or motions for relief are dismissed.