CAS 2011/A/2522 WADA v. Federación Colombiana de Patinaje & Nicolás Bermúdez
Related cases:
- CAS 2011_A_2524 WADA vs FCP & Perez Moreno
August 23, 2012 - CAS 2011_A_2523 WADA vs FCP & Serrano Burgos
August 23, 2012
On 18 May 2011 the Colombian Skating Federation (FEDEPATIN) Disciplinary Commission decided to impose a 12 month period of ineligibility on the roller sports Athlete Nicolás Bermúdez Corredor after his samples tested positive for the prohibited substances Methylhexaneamine and Androstatrienedione.
Hereafter in August 2011 the World Anti-Doping Agency (WADA) appealed the FEDEPATIN 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 Athlete.
The Athlete admitted the violation and denied the intentional use of the substances. He asserted that two contaminated supplements he had used were the source whereas they substituted two supplements he customarily used.
Following assessment of the evidence and the Athlete's conduct in this case the Panel finds that he failed to explain with corroborating evidence how the substances entered his system. Further the Panel deems that he acted negligently with his supplements.
Therefore the Court of Arbitration for Sport decides on 23 August 2012 that:
1.) The appeal of WADA is admissible.
2.) The decision rendered by the Disciplinary Commission of the FCP on 18 May 2011 against Nicolás Bermúdez Corredor is set aside.
3.) Nicolás Bermúdez Corredor is sanctioned by a two-year period of ineligibility, which started on 18 May 2011. The period of provisional suspension of 30 (thirty) days shall be credited against the total period of ineligibility to be served.
4.) All competitive tesults obtained by Nicolás Bermúdez Corredor from 22 October 2010 shall be disqualified with all the resulting consequences including forfeiture of any medals, points and/or prizes.
5.) This award is pronounced without costs, except for the Court Office fee of CHF 1'000 (one thousand Swiss Francs) already paid by WADA which is retained by the CAS.
6.) Each party shall bear its own costs.
7.) All other prayers for relief are dismissed.
