CAS 2008/A/1516 World Anti-Doping Agency (WADA) v. Comitato Olimpico Nazionale Italiano (CONI), Federazione Italiana Tennis Tavolo (FITET) & Valentino Piacentini
- Table tennis
- Doping (Cocaine)
- Exceptional circumstances
- Suspension already served
1. The list of circumstances which may but do not have to lead to a reduction of the suspension cannot be exhaustive. In other words, it is not limited to the exemplifying list contained in the comment regarding art. 10.5.2 of the World Anti Doping Code or related provisions. However, no exceptional circumstances can justify an elimination or reduction of the stipulated suspension in the case of an athlete who knew prior to consuming the cocaine positively of the character of the substance which he may well have consumed in a state of euphoria but nevertheless in knowledge of the circumstances and finally intentionally.
2. The suspension already served has to be credited against the two-year suspension imposed in favour of the athlete.
On 15 November 2007 the Italian Corte di Apello Federale decided to impose a 1 year period of ineligibility on the Table Tennis player Valentiono Piacentini after he tested positive for the prohibited substance Cocaine.
Following the appeal filed by the World Anti-Doping Agency (WADA) the Giudice di Ultima Istanza in material di doping del CONI decided on 4 February 2008 to impose a 1 year and 8 month period of ineligibility on the Athlete.
Hereafter WADA appealed the decision of 4 February 2008 with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a sanction of 2 years on the Athlete.
The Athlete admitted the violation and denied the intentional use of the substance. He stated that he had used the substance 2 days before the competition.
The Sole Arbitrator determines that the Athlete had committed an anti-doping rule violation and that there are no grounds for a reduced sanction.
Therefore the Court of Arbitration for Sport decides on 11 September 2008:
1.) The appeal filed by the WADA on March 17, 2008 is admissible.
2.) The appeal filed by the WADA on March 17, 2008 is upheld, and the appealed Decision issued by the Giudice di Ultima Istanza in material di doping del CONI on February 4, 2008 is varied to impose a two-year sanction.
3.) Valentino Piacentini is declared ineligible for competition for two years commencing on July 12, 2007. The competitive results obtained by Mr. Piacentini from June 8, 2007 to July 12, 2007 are disqualified.
4.) (…).
5. All other prayers for relief are dismissed.
