In April 2015 the International Swimming Federation (FINA) has reported an anti-doping rule violation against the Athlete Kylie Palmer after her sample - provided in July 2013 - tested positive for the prohibited substance Furosemide in a low concentration.
After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and waived her right to be heard for the FINA Doping Panel. A decision was rendered based on the parties submissions.
Before the Athlete was notified there were deliberations between FINA and WADA about the Athlete's test results and on 13 March 2015 WADA appealed to the Court of Arbitration for Sport challenging FINA's decision not to bring forward an anti-doping rule violatien (ADRV) based on the analysis of Ms. Palmer's 31 July 2013 sample.
The Athlete asserted that she was unaware of what may have caused her positive test and that the failure to notify her of her positive finding for such an extended period of time undermined her ability to conduct an investigation to ascertain the source of the furosemide in her sample.
The FINA Doping Panel considered the low concentration of the prohibited substance coupled with the absence of furosemide from tests on 25 July 2013 and 1 August 2013 bookending the athlete's positive test from 31 July 2013 is sufficient corroborating evidence in this case to establish the absence of an intent to enhance or mask use of a prohibited substance.
However by informing the athlete late about the positive finding she had not a chance to request for re-testing the sample.
Decision
- The athlete receives a public reprimand and no period of ineligibility for her first anti-doping rule violation.
- All results obtained by the athlete on 31 July 2013 are disqualified and any medals, points and prizes achieved on that date shall be forfeited. Fairness requires that all results obtained by the athlete after 31 July 2013 shall not be disqualified.
- All costs of this case shall be borne by Swimming Australia LTD. (SAL) in accordance with the FINA ruling.
