Related case:
CAS 2017_A_5260 WADA vs SAIDS & Demarte Pena
June 21, 2018
In February 2017 the South African Institute for Drugfree Sport (SAIDS) has reported an anti-doping rule violation against the Mixed Martial Arts Athlete Demarte Pena after his sample - provided in November 2016 - tested positive for the prohibited substance Testosterone. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the SAIDS Doping Hearing Panel.
The Athlete accepted the test results and denied the intentional use of the prohibited substance. He stated that for his training he had used a variety of supplements provided by his sponsor Biogen and they assured him that their products he used were safe and did not contain any prohibited substances. The Athlete asserted that he checked the labels of the products and researched the ingredients of the products on the internet before using. After he tested positive his supplements were analysed and the Laboratory Analysis Test Report revealed that the product Biogen Testoforte contained the prohibited substance.
The Panel dismissed the arguments of SAIDS and finds that the Athlete showed that he is far from careless or reckless in what he consumes. The depth of information provided by the Athlete shows that he was meticulous in his preparation for a fight, seeks professional advice and takes great care in what he consumes during the preparation. Also the Athlete could explain adequately the apparent omission on his Doping Control Form.
The Panel concludes that the Athlete established No Significant Fault or Negligence and how the prohibited substance entered his system without intention to enhance his sport performance. The Athlete acted with the utmost care and that there is little more that he could have done to ensure that the supplements he used were safe.
Therefore the SAIDS Doping Hearing Panel decides on 25 May 2017 to reprimand the Athlete without a period of ineligibility including disqualification of his results.
