CAS A3/2007 ASADA v/ Belinda Van Tienen
In October 2005 four Australian weightlifters tested positive for the prohibited substance Benzylpiperazine due to they had used the supplement Fortius Synephrine containing this banned substance.
Thereupon an investigation conducted by the Australian Sports Anti-Doping Authority (ASADA) established that the weightlifter Belinda Van Tienen was involved in the sale of this product. Furthermore reanalysis in the UCLA Laboratory of her test results revealed the presence of Benzylpiperazine.
Accordingly ASADA in November 2007 reported an anti-doping rule violation against the Athlete. Following notification the Athlete accepted a provisional suspension whereas the case was referred 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 acknowledged that she had used and sold supplements and that she was not aware that any batches of Synephrine contained Benzylpiperazine contaminations.
Following assessment of the evidence the Sole Arbitrator determines that:
- The computer data produced by the analysis of the Athlete's A sample in June 2005 is evidence of substantial weight and probative value.
- ASADA has established that the Athlete had committed an anti-doping rule violation.
- The Athlete had used Synephrine from the same batch the other athletes had used.
Therefore the Court of Arbitration for Sport decides on 16 June 2008 that:
1.) Belinda Van Tienen has breached Article 5 of the Anti-Doping Policy of the Australian Weightlifting Federation and has thereby committed an Anti-Doping Rule Viotation.
2.) Belinda Van Tienen's individual results obtained in the Mermet Cup competition or event held in the USA in June 2005 are disqualified; accordingly Belinda Van Tienen forfeits all
placings, medals, points and prizes obtained in that competition or event.
3.) Belinda Van Tienen is ineliglble to compete during the period commencing on 27 November 2006 and expiring at midnight on 26 November 2008.
4.) Save for the Court fees whlch have been paid by the Applicant each party shall contribute equally to the Court's costs. The final assessment of the arbitration costs will be served by the CAS Court Office after the communication of the present award.
5.) The Award be made public.
