CAS 2015/A/3892 Roberto Alexander Del Pino v. Union Internationale Motonautique (UIM)
Aquabike
Doping (methylecgonine)
Athlete’s failure to establish any departure from proper procedures
An athlete who fails to establish any departure from proper procedures and from proper standards cannot overturn a decision of the Anti-Doping Panel of an International Federation.
On 25 October 2014 the Anti-Doping Panel of the Union of Powerboating (UIM) decided to impose a 2 year period of ineligibility on the Athlete Roberto Alexandder Del Pino after his A and B samples tested positive for the prohibited substance cocaine.
Hereafter in January 2015 the Athlete appealed the UIM decision with the Court of Arbitration for Sport (CAS). The Athlete requested to set aside the UIM decision and argued that not the proper procedures were followed for the sample collection, the chain of custody and testing.
Considering the Athlete’s arguments the Panel finds that he failed to establish any departure from proper porcedures so as to given credence to his denial of using the prohibited substance.
Therefore on 2 June 2015 the Court of Arbitration for Sport decides that:
1.) The appeal filed by the Appellant on 21 January 2015 against the decision of the Anti-Doping Panel of the Respondent dated 25 October 2014 is dismissed.
2.) The decision of the Anti-Doping Panel of the Respondent dated 25 October 2014 is confirmed.
3.) (…).
4.) (…).
5.) All other motions or prayers for relief are dismissed.
