CAS 2017/A/5105 World Anti-Doping Agency (WADA) v. National Anti-Doping Organisation - Sri Lanka (SLADA) & Shalika Dias
On 22 June 2015 the Disciplinary Committee of the Sri Lanka Anti-Doping Agency (SLADA) decided to impose a 4 year period of ineligibility on the Athlete Shalika Dias after her sample tested positive for the prohibited substances Metenolone and Trenbolone. The Athlete appealed and on 6 February 2017 the SLADA Appeal Panel decided to reduce the initial sanction and to impose a 18 month period on the Athlete. In this case the Athlete asserted that the positive test was caused by the supplements or medication she had used.
Hereafter in April 2017 the World Anti-Doping Agency (WADA) appealed the SLADA Appeal Panel decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the decision of 6 February 2017 and to impose a 4 year period of ineligibility on the Athlete. None of the other parties filed any written submissions in this procedure.
WADA argued that the Athlete failed to establish that the violation was not intentional, nor how the prohibited substances entered her system. The Athlete was erroneous that the supplements she allegedly had used were the source of the positive test. Here analysis revealed they didn’t contain the prohibited substances. However the analysis did reveal that one of the supplements in question contained the prohibited substances Mestanolone and Oxymetholone.
The Sole Arbitrator finds that the test results establish that the Athlete committed an anti-doping rule violation. The Athlete failed to establish the source of the prohibited substances, nor that the violation was not intentional. Also the Athlete’s statement about the supplements she allegedly had used didn’t match with the rest of the evidence.
Therefore the Court of Arbitration for Sport decides on 20 November 2017 that:
1.) The CAS has jurisdiction to hear this dispute and the claims submitted to it are admissible.
2.) The appeal filed by the World Anti-Doping Agency on 24 April 2017 against the National Anti-Doping Organisation - Sri Lanka and Ms Shalika Dias is upheld.
3.) The decision rendered by the Appeal Panel of SLADA on 6 February 2017 is set aside.
4.) Ms Shalika Dias is sanctioned with a four-year (4) period of ineligibility, starting as of the date of this award, with credit given for the ineligibility period already served by the Athlete (i.e. from 3 June 2015 to 6 February 2017).
5.) All competitive results of Ms Shalika Dias from and including 10 May 2015 to the date of this award are disqualified, with all resulting consequences (including forfeiture of medals, points, and prizes).
6.) The costs of the arbitration, to be determined and served to the Parties by the CAS Court Office, shall be borne in their entirety by the National Anti-Doping Organisation - Sri Lanka.
7.) The National Anti-Doping Organisation - Sri Lanka is ordered to pay CHF 3,000.00 (three thousand Swiss Francs) to the World Anti-Doping Agency as a contribution towards its legal fees and expenses. The National Anti-Doping Organisation - Sri Lanka and Ms Shalika Dias shall bear their own legal fees and expenses.
8.) AH other motions or prayers for relief are dismissed.
