CAS A2/2006 Australian Weightlifting Federation vs. Jenna Myers
In January 2006 the Australian Weightlifting Federation (AWF) reported an anti-doping rule violation against the weightlifter Jenna Meyers after her A and B samples tested positive for the prohibited substance Benzylpiperazine.
Following notification - without a provisional suspension - the case was referrred to the Oceania Registry Court of Arbitration for Sport (CAS).
The Athlete accepted the test results and denied the intentional use of the substance. She argued that she was tested before without issues, she had mentioned the supplements she used on the Doping Control Form and she had properly checked the safety of the products before using.
The Athlete stated that she had used a Fortius Synephrine product in order to reduce her body weight. She was not aware that this product contained the prohibited substance due to Benzylpiperazine was not listed as an ingredient on the lable of the bottle.
This product was recommended by another weightlifter and considered safe to use. Yet, the Athlete was later advised that other weightlifters also had tested positive after using this product.
In January 2006 Fortius Products confirmed that the batch in question used by the athletes was contaminated with Benzylpiperazine. On being asked their manufacturer and supplier of this product failed to provide an explanation about this contamination.
The AWF contended that the Athlete failed to demonstrate that she acted with No (Significant) Fault or Negligence. She failed to read the read the warnings on the website of the Australian Sports Drug Agency (ASDA) nor had checked properly her supplements before using the products.
The Sole Arbitrator finds that the presence of a prohibited substance had been established in the Athlete's samples and accordingly that she committed an anti-doping rule violation.
Undisputed is that the product Fortius Synephrine was the source of the prohibited substance and that the violation was not intentional. Considering the Athlete's conduct the Arbitrator finds that she acted with Significant Fault or Negligence regarding the products she had used.
Therefore The Court of Arbitration for Sport Rules that:
1.) Jenna Myers has breached Article 5.1 of the Anti-Doping Policy of the Australian Weightlifting Federation and has thereby committed an Anti-Doping Rule Violation.
2.) Jenna Myers individual results obtained in the Australian Weightlifting Championships held in Brisbane, Queensland in October 2005 are disqualified; accordingly Jenna Myers forfeits her first placing achieved at that Championship including all medals, points, national records and prizes, pursuant to Article 13.1 of the Anti-Doping Policy of the Australian Weightlifting Federation.
3.) Jenna Myers is ineligible to compete during the period commencing on 3 February 2006 and expiring at midnight on 2 February 2008.
4.) Jenna Myers is required to pay the sum of $1000.00 in respect of costs to the Australian Weightlifting Federation.
