CAS 2009/A/1766 Liliana Popescu c/ RANAD
CAS 2009/A/1766 Liliana Popescu vs ANAD
Related case:
ANAD Comisia de Apel 2008_07 Liliana Popescu vs ANAD
December 8, 2008
On 30 September 2008 the Hearing Commission of the National Anti-Doping Agency of Romania (ANAD) decided to impose a 2 year period of ineligibility on the Athlete after her A and B samples tested positive for Darbepoetin (dEPO). On 8 December 2008 the ANAD Appeal Commission dismissed the Athlete’s appeal and decided to uphold the decision of the ANAD Hearing Commission.
Hereafter in January 2009 the Athlete appealed the decision of the ANAD Appeal Commission with the Court of Arbitration for Sport (CAS).
The Athlete argued that the anti-doping violation was not intentional because to she had an accident in May and when unconscious in the hospital medication was administered without her knowledge including dEPO causing the positive test results.
The Panel finds that the Athlete explanation about the circumstances has several contradictions and rules that there are no grounds to justify exceptional circumstances in this case for a reduced sanction.
Therefore the Court of Arbitarton for Sport decides on 9 October 2009 to dismiss the Athlete’s appeal and to uphold the decision of the ANAD Appeal Commission of 8 December 2008.