ADAK 2018 ADAK vs Sheetal Jayendra Kotak

In March 2018 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Kenyan bobybuilder Sheetal Jayendra Kotak after her sample tested positive for the prohibited substances 19-norandrosterone, 19-noretiocholanolone (Nandrolone), Boldenone and Metenolone.
After notification the Athlete filed a statement in her defence and the case was settled by the Kenya Judiciary Office of the Sports Disputes Tribunal.

The Athlete gave a prompt admission, waived her right for a hearing, accepted the test result, the provisional suspension and the sanction proposed by the Anti-Doping Agency of Kenya (ADAK).
The Athlete submitted that she underwent treatment for her condition and that she had used prescribed medication while she was unaware that she had to apply for a TUE.

The Panel holds that there were inconsistencies in this case and that the incomple case file raises serous doubts in the mind of the Panel regarding fair prosecution by ADAK. The Panel considers that the Athlete gave a prompt admission, that the violation was not intentional and that she curiously had invited ADAK to conduct the test on her.

Therefore the Judiciary Office of the Kenya Sports Disputes Tribunal decides on 7 March 2019 to impose a 2 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 17 January 2018.

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Parameters:

Legal
National Decisions
Date:
7 March 2019
Arbitrator
Kimani, Mary N.
Ohaga, John M.
Ouko, Gabriel
Source
Anti-Doping Agency of Kenya (ADAK)
Country
Kenya
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Acceptance of sanction
Case law / jurisprudence
Incomplete case file
No intention to enhance performance
Period of ineligibility
Procedural error
Waiver of "right to be heard"
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Athletics (IAAF) - International Association of Athletics Federations
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Anti-Doping Agency of Kenya (ADAK)
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Doha, Qatar: Antidoping Lab Qatar, Doping Analysis Lab
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S1. Anabolic Agents
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19-norandrosterone
19-noretiocholanolone
Boldenone
Metenolone
Nandrolone
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