CAS 2009/A/1892 World Anti-Doping Agency (WADA) v. Comitato Olimpico Nazionale Italiano (CONI), Ronaldo Sylvester Slay & Guillermo Jose Diaz Gonzalez
- Basketball
- Doping (failure or refusal to submit to doping control
- Insufficient evidence establishing a liability
“Refusal” or “failure” to submit to doping control or an “otherwise evading a doping control” has not been established according to the applicable comfortable satisfaction standard of proof when the evidence submitted is not sufficient to establish that the athletes were told in an unequivocal and understandable manner not to leave the doping control station so as to enable them to understand that they would be in breach of their duties if they did so.
In November 2008 the Italian National Olympic Committee (CONI) has reported an anti-doping rule violation against the basketball players Ronaldo Slay and Guillermo Diaz Gonzalez for their refusal or failure to submit to sample collection.
Consequently the CONI National Anti-Doping Tribunal decided on 8 May 2009 to impose a 1 month period of ineligibility on the Athletes.
Hereafter WADA appealed the CONI Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athletes.
Following assessment of the evidence in this case the Panel deems that WADA has not succeeded in establishing when and in what form the Athletes were made aware that they were told let alone directed not to leave the anti-doping station in a manner which enabled them to understand that they would be in breach of their duties if they did so.
Furthermore the Panel is not satisfied that even if it were established that the Athletes left the doping control station despite an unequivocal instruction not to do so, the behaviour of the Athletes would constitute a “refusal” or a “failure” or an “otherwise evading” under Article 2.3 of the CONI Anti-Doping Rules.
Therefore the Court of Arbitration for Sport decides on 7 January 2010:
1.) The appeal filed by the World Anti-Doping Agency on 24 June 2009 is dismissed.
2.) The decision issued by the CONI National Anti-Doping Tribunal on 8 May 2009 is upheld.
3.) (…).
4.) All further or other prayers for relief are dismissed.
