On 10 January 2014 the Guardia Civil arrested the respondent after seizure of several substances in his motor home. Laboratory test identified the seized materials as the prohibited substances efedrine and desmopressin.
On 27 October as a result of the seizure and arrest by the Guardia Civil the Spanish Agency for the Protection of Health in Sport (Agencia Española de Protección de la Salud en el Deporte, AEPSAD) decided to impose a 2 year period of ineligibility on the respondent.
Hereafter in December 2014 the respondent appealed the AEPSAD decision with the Tribunal Administrativo del Deporte (TAD), the Spanish Disciplinary Committee for Sports.
The Respondent filed several objections in his defence and disputed the admissibility of the evidence; the violation of his rights; the reliability of the laboratory and the test of the substances. In addition the respondent argued that the desmopressin found in his motor home was prescribed for his minor son as treatment.
The Tribunal rejects the arguments and finds that the test results were valid and performed in an accredited laboratory. Also the Tribunal notes that the respondent’s other younger son prior used prescribed desmospressin in October 2013. However different desmopressin was seized in respondent’s motor home without evidence of a prescribition.
Therefore on 17 April 2014 the Tribunal decides to dismiss the respondent’s appeal and confirms the AEPSAD decision of 9 October 2014.
