Related case:
CAS 1998_211 Michelle Smith de Bruin vs FINA
June 7, 1999
In April 1998 the International Swimming Federation (FINA) has reported an anti-doping rule violation against the Irish swimmer Michelle Smith de Bruin.
The Athlete's sample was taken for a out-of-competition doping test at the her home in January 1998 and analysis of the A and B urine samples showed the presence of alcohol. The concentration of alcohol (whiskey odor) was too high to be produced naturally and indicated physical manipulation.
After notification the Athlete filed a statement in her defence and she was heard for the FINA Doping Panel. The Athlete denied the allegation of manipulation and argued that no prohibited substances were found in her sample. Further she contested the competence of FINA to perform un-announced anti-doping testing, including testing on swimmers when not competing and anti-doping testing in a members federations jurisdiction. The Athlete asserted that departures occurred during the sample collection procedure and claimed that the Doping Control Officers (DCOs) have manipulated her sample.
Considering the FINA Rules the Panel establish that FINA is entitled to conduct un-announced anti-doping testing contrary to the Athlete’s contestations. The Panel finds that the Athlete committed an anti-doping rule violation due to manipulation of the sample based on the test results from the Barcelona Lab.
Here the Panel establish that the Athlete’s sample was not manipulated in the Barcelona Lab, neither during transport, or by the DCOs. Considering the evidence the Panel deems that even if the sample collection procedure was not conducted with the necessary diligence it does not lead to the conclusion that the DCOs are to be suspected of having manipulated the Athlete’s sample. The Panel concludes that the manipulation has been done by the Athlete herself.
The Panel did not find out how the manipulation was made, however to the conviction of the Panel, the Athlete herself has added alcohol to the urine, before it was decanted into the sample jars which then were sealed. The Athlete has altered the integrity of the urine, delivered in doping control. The Panel agrees with the Barcelona Lab conclusion that the reason to manipulate the sample can only be intended to make sure that something contained in the sample is not detected.
Therefore the FINA Doping Panel decides on 6 August 1998 to impose a 4 year period of ineligibility on the Athlete starting on the date of the decision.
