CAS 2012/A/2843 International Association of Athletics Associations (IAAF) v. Hungarian Athletics Association (HAA) & Zoltan Kövago
- Athletics (discus)
- Doping (failure/refusal to submit to sample collection)
- Hearing de novo
Under the IAAF Competition Rules, the appeal is by way of a complete re-hearing and not by way of a review of the decision of the National Anti-doping Organization. The decision on the appeal must depend on the evidence made available to the CAS Panel, rather than a re-consideration of the evidence before the National Anti-doping Organization.
On 6 June 2012 the Doping Committee of the Hungarian National Anti-Doping Organisation decided that the athlete did not fail to fulfil his obligations under the IAAF Rules.
Hereafter in July 2012 the IAAF appealed the decision of the Hungarian Doping Committee and requested the Panel to set aside the decision of 6 June 2012 and to sanction the Athlete including disqualification of his results.
The IAAF asserted that there was no reason to disbelieve the clear account given by the Doping Control Officer, and supported by an Doping Control Officials. The DCO had no reason to invent a story and he was an extremely experienced DCO. The Athlete had been approached to be tested and had avoided giving the necessary sample by leaving the Gym and driving away.
Considering the circumstances the Panel was comfortably satisfied that the DCO did, as he said, make contact with the Athlete and that the Athlete then evaded the taking of an Out of Competition Doping Control Test by leaving the Gym and driving away. Accordingly the IAAF appeal must be allowed.
The Court of Arbitration for Sport decides on 18 October 2012:
1.) The appeal filed by the IAAF against the decision of 6 June 2012 rendered by the Doping Committee of the Hungarian National Anti-Doping Organisation is upheld.
2.) The decision of 6 June 2012 rendered by the Doping Committee of the Hungarian National Anti-Doping Organisation is set aside.
3.) Mr Zoltan Kövágó is sanctioned with a ban of two years starting from the date of the present award, with credit given for any period of suspension previously served.
(…)
6.) All further claims are dismissed.
