CAS A3/1999 & CAS A4/1999 Australian Olympic Committee & Australian Handball Federation vs A.
CAS (Oceania registry) A3, A4 / 99; Australian Olympic Committee (AOC) and Australian Handball Federation (AHF)/ A.,
Handball
Doping (salbutamol)
Extenuating circumstances
1. Any form of medication should be first considered and authorised by a medical practitioner who is familiar with the anti-doping regulations of both the AOC and the particular sport. An elite athlete should be aware of possible risks and must normally bear some responsibility for such an enquiry.
2. In the present case, given the age of the athlete, his history of medical need for a medication containing salbutamol, his prior written advice that he was taking this medication to the State Body of the AHF and the fact that responsible officials within the AHF had assisted him with this medication in the past, the athlete has committed a technical breach of the anti-doping policies but bears no moral responsibility for the breaches and that he was not in any way culpably involved in the breaches.
In October 1998 the Australian Athlete tested positive for the prohibited substance salbutamol which he used as prescribed medication Ventolin for his asthma.
The alleged breach of the Australian Handball Federation (AHF) anti-doping policy occurred on the day following the adoption by the AHF of its anti-doping policy. On Sunday 11 October 1998 The Athlete A. was participating in an event in Victoria. Even though it was the day after the AHF had adopted its anti-doping policy and the anti-doping control officer was present, neither the officer nor any other team official told the Athlete A. or any other member of the team or participant that the AHF had adopted an anti-doping policy.
Considering the circumstances the sole arbitrator is satisfied that extenuating circumstances do exist within the meaning of both anti-doping policies and that no sanction should be imposed on the Athlete A. The evidence establish that A. did not know or suspect that the relevant substance was prohibited and had no reasonable grounds to know or suspect that the substance was prohibited.
The Court of Arbitration for Sport decides on 2 August 1999 that:
1.) On 11 October 1998, the Respondent A. committed a breach of the AOC Anti-Doping Policy and the AHF Anti-Doping Policy in that there was present in his body tissues or fluids substances belonging to classes of pharmacological agents which were prohibited, namely the substance Salbutamol which was present as a result of his inhalation of an anti-asthmatic medication Ventolin.
2.) On the balance of probabilities extenuating circumstances do exist and that as a result of those extenuating circumstances there should be no sanction imposed on A.
