CAS 2011/A/2336 WADA v. FCL & Margarita Mercado Villarreal
CAS 2011/A/2339 WADA v. FCL & Katerine Mercado Villarreal
Ms Margarita Mercado Villarreal and Ms Katerine Mercado Villarreal are two sisters of Columbian nationality who compete as weightlifters at a highly competitive level. They tested positive for 19-norandrosterone (Nandrolone) in an out-of-competition test performed in Cali on 19 October 2009.
Following a hearing on 11 June 2010 the Colombian Weightlifting Confederation (FCL) decided to impose a sanction of 1 year on the two Athletes including disqualification of their results.
Hereafter in January 2011 the World Anti-Doping Agency (WADA) appealed the FCL Decision with the Court of Arbitration for Sport (CAS). WADA requested to set aside the Appealed Decisions and to impose a sanction of 2 years on the Athletes.
WADA contended that the Athletes failed to demonstrate with corroborating evidence that there had been departures of the ISTI that could have caused the positive test results. Further the Athlete failed to explain the presence of the prohibited substance in their system.
Following assesment of the case the Panel determines:
- The presence of a prohibited substance had been established in the Athletes' samples and accordingly they committed an anti-doping rule violation.
- The Athletes failed to establish the existence of circumstances permitting the reduction or elimination of the sanction.
- The anti-doping tests performed by on the Weightlifters were properly canied out.
- The Athletes' allegations concerning the sample collection and storage procedures:
- (i) are not relevant; and/or
- (il) have not been proven on the balance of probability; and/or
- (iii) could in no manner cause their adverse analytical flndings.
Therefore the Court of Arbitration for Sport (CAS) decides on 2 March 2012:
1.) The Appeal filed by the World Anti-Doping Agency is upheld.
2.) The decision rendered by the Disciplinary Commission of the Federación Colombiana de Levantamiento de Pesas further to a hearing on 11 October 2010 concerning Ms Margarita Mercado Villarreal (a minor) and Ms Katerine Mercado Villareal is set aside, except for the rulings related to (i) the "Liga de Levantamiento de Pesas de Bolivar" and (ii) the removal of results and return of trophies, medals and prices, which have not been appealed against.
3.) Ms Margarita Mercado Villarreal is declared ineligible for a period of two years, starting from the date of notification of this award. Any period of ineligibility that she has already served, as attested by the International Weightlifting Federation, shall be credited against the above mentioned period of two years of ineligibility.
4.) Ms Katerine Mercado Villarreal is declared ineligible for a period of two years, starting from the date of notification of this award. Any period of ineligibility that she has already served, as attested by the International Weightlifting Federation, shall be credited against the above mentioned period of two years of ineligibility.
5.) Ms Margarita Mercado Villarreal, Ms Katerine Mercado Villarreal and the Federación Colombiana de Levantamiento de Pesas shall bear the entire costs of the proceedings, to be determined and served on the parties by the CAS Court Office, for which they are jointly and severally liable.
6.) Ms Margarita Mercado Villaireal, Ms Katerine Mercado Villarreal and the Federación Colombiana de Levantamiento de Pesas are ordered to pay the total amount of CHF 1,000 (one thousand Swiss Francs), for which they are jointly and severally liable, to the World Anti-Doping Agency.
7.) All other requests, motions or players for relief are dismissed.
