CAS 2017/A/5066 World Anti-Doping Agency (WADA) v. Africa Zone VI Regional Anti-Doping Organization (RADO), Lesotho National Olympic Committee (LNOC) & Sello Mothebe
Paralympic athletics (200 and 400 meters)
Doping (19-norandrosterone and metabolite 19-noretiochiolanone)
Establishment of source of prohibited substance
In order to establish under the World Anti-Doping Code (WADC) the source of a prohibited substance CAS jurisprudence requires concrete evidence how the prohibited substance came to be present in the athlete’s body. It is therefore not sufficient for an athlete to merely submit unsubstantiated, conclusory assertions regarding the source of the prohibited substance. Furthermore, additional doubts are cast over the likelihood of the athlete’s explanation where the athlete had not disclosed the allegedly used substances in the Doping Control Form.
In October 2016 the Africa Zone VI Regional Anti-Doping Organization (RADO) has reported an anti-doping rule violation against the Lesotho Parathlete Sello Mothebe after his sample tested positive for the prohibited substances 19-norandrosterone, 19-noretiocholanolone (Nandrolone).
Here the Athlete admitted the violation, denied the intentional use of the substance and asserted the it was caused by a flu medication or supplements he had used. On 7 February 2017 the Lesotho NADO Panel decided to impose a 2 year period of ineligibility on the Athlete.
Hereafter in March 2017 the World Anti-Doping Agency (WADA) appealed the Lesotho decision with the Court of Arbitration for Sport (CAS).
WADA requested the Panel to set aside the decision of 7 February 2017 and to impose a 4 year period of ineligibility on the Athlete. WADA argued the Athlete failed to establish the source of the prohibited substance, nor that the violation was unintentional. None of the other parties filed any written submissions in this procedure.
The Sole Arbitrator agrees that the Athlete failed to establish with evidence the source of the prohibited substance, nor that the violation was not intentional. Also he failed to mention the use of his medication and supplements on the Doping Control Form.
Therefore the Court of Arbitration for Sport decides on 13 September 2017 that:
1.) The appeal filed by the World Anti-Doping Agency against the decision of the Lesotho - NADO Panel of the LNOC dated 7 February 2017 is upheld.
2.) The decision rendered on 7 February 2017 by the Lesotho - NADO Panel of the LNOC is amended as follows:
3.) Mr. Sello Mothebe is sanctioned with a four-year (4) period of ineligibility starting from 7 February 2017. All competitive results obtained by Mr. Sello Mothebe from and including 30 August 2016 until 7 February 2017 are disqualified with all resulting consequences (including forfeiture of medals, points and prizes).
4.) The costs of the present arbitration, to be determined and served to the parties by the CAS Court Office, shall be jointly and severally supported by the Africa Zone VI RADO and the Lesotho National Olympic Conunittee.
5.) The Africa Zone VI RADO and the Lesotho National Olympic Committee are ordered to pay jointly and seperately an amount of CHF 3,000 (three thousand Swiss Francs) to the World Anti-Doping Agency as a contribution towards the latter's legal costs and all other expenses incurred in this arbitration.
6.) All other or further motions or prayers for relief are dismissed.
