CAS 2007/A/1385 Henry Rebienot Antchouet v/ Hellenic Football Federation (HFF)
In May 2007 the Hellenic National Council for Combating Doping (ESKAN) has reported an anti-doping rule violation against the Gabon football player Henry Rebienot after his sample tested positive for the prohibited substance Cocaine.
On 13 June 2007 the Disciplinary Committee of the Hellenic Football Federation (HFF) decided to impose a 2 year period of ineligibility on the Athlete.
Hereafter in September 2007 the Athlete appealed the HFF decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the sanction of 2 years and to impose a suspended sanction.
The Athlete argued that the Decision of 13 June 2007 was issued in violation of some procedural requirements, and that it wrongly found the existence of an antidoping rule violation. Here the Athlete asserted that in the performance of the antidoping test and the hearing before the Disciplinary Committee his basic right to be heard had been violated, due to:
I.) the B sample was not analysed, notwithstanding his request dated 25 May 2007;
II.) all communications concerning the antidoping infringement and the disciplinary proceedings were drafted and sent him in Greek, i.e. in a language the Player did not understand;
III.) he had not been properly notified of the date of the hearing before the Disciplinary Committee.
Considering the evidence and the circumstances in this case the Panel holds that the Athlete failed to substantiate his claim about the B sample. The Athlete also failed to substantiate from a legal point of view his challenge to the merits of the Decision.
The Panel did not accept the Athlete’s explanation how the Cocaine entered his system through a spiked drink. Without corroborating evidence the Panel holds that mere speculation of a fact is not proof that such fact did actually occur. The Panel concludes that the Athlete’s behaviour was significantly negligent under the alleged circumstances and the Panel finds that the Decision has to be confirmed.
Therefore the Court of Arbitration for Sport decides on 3 June 2008 that:
1.) The appeal filed by Henry Rebienot Antchouet against the decision issued on 13 June 2007 by the First Instance Disciplinary Committee of the Hellenic Football Federation is dismissed.
2.) The decision adopted by the First Instance Disciplinary Committee of the Hellenic Football Federation on 13 June 2007 is confirmed.
3.) All other prayers for relief are dismissed.
4.) (...)
5.) (...).
