CAS 2017/A/4954 World Antidoping Agency (WADA) v. Belarus Taekwondo Federation (BTF) & Arman-Marshall Silla
On 23 November 2016 the Disciplinary Committee of the Belarus Taekwondo Federation (BTF) decided not to impose any period of ineligibility on the Athlete Arman-Marshall Silla after his samples tested positive for the prohibited substance Meldonium.
Here the BTF Disciplinary Committee considered that there was a hostile environment and fierce competition between the members of the National Taekwondo Team with personal animosity between two coaches and the Athlete’s coach leading to the Athlete’s unintentional use of the substance.
Hereafter in January 2017 the World Anti-Doping Agency (WADA) appealed the Belarus decisions with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the BTF decision of 23 November 2016 and to impose a 4 year period of ineligibility on the Athlete.
WADA argued that the Athlete failed to establish that the violation was not intentional nor did he establish how the prohibited substance entered his system. Further, WADA disputed the State Security Committee’s decision to close their investigation in January 2017 while an expert report published thereafter by the (not WADA-accredited) Minsk Lab contained unsubstantiated assertions.
The Athlete accepted the test results and argued that the violation was not intentional and the result of his use of a contaminated supplement as confirmed in the expert report of the Minsk Lab.
The Athlete asserted that he investigated how the substance entered his system; he filed a police report and filed a request for an expert opinion. Also the Athlete presented the results of a polygraph examination that shows that he and his coach told the truth.
In order to establish No Significant Fault the Sole Arbitrator finds that there were many inconsistencies in the Athlete’s statements and he failed to produce credible evidence that indicates exactly how the supplement in question was used. The Sole Arbitrator notes that much of the evidence was filed very late in the proceedings and holds that a polygraph test is inadmissible as evidence. The mentioned hostile environment and the animosity within the National Taekwondo Team give little weight in assessing the Athlete’s degree of fault.
Therefore the Court of Arbitration for Sport decides on 20 July 2017 that:
1.) The appeal filed on January 17, 2017 by World Anti-Doping Agency against the decision rendered by the Disciplinary Committee of the Belarus Taekwondo Federation on November 23, 2016 in the matter of Arman-Marshall Silla is upheld.
2.) The decision rendered by the Disciplinary Committee of the Belarus Taekwondo Federation on November 23, 2016 in the matter of Mr Annan-Marshall Silla is set aside.
3.) Mr Alman-Marshall Silla is sanctioned with a four-year (4) period of ineligibility starting on the date on which this CAS award enters into force. Any period of provisional suspension or ineligibility effectively served by Mr Arman-Marshall Silla before the entry into force of this CAS award shall be credited against the total period of ineligibility to be served.
4.) All competitive results obtained by Mr Annan-Marshall Silla from and including July 13, 2016 until August 11, 2016, are disqualified.
5.) The costs of the present arbitration, to be determined and served to the parties by the CAS Court Office, are to be jointly and severally borne by the Belarus Taekwondo Federation and Mr Arman-Marshall Silla.
6.) The parties shall bear their own costs.
7.) All other motions or prayers for relief are dismissed.
