CAS 2011/A/2524 WADA v. Federación Colombiana de Patinaje & Anhlly Andrea Perez Moreno
Related cases:
- CAS 2011_A_2522 WADA vs FCP & Nicolas Bermudez
August 23, 2012 - CAS 2011_A_2523 WADA vs FCP & Serrano Burgos
August 23, 2012
On 10 May 2011 the Colombian Skating Federation (FEDEPATIN) Disciplinary Commission decided to impose a 3 month period of ineligibility on the rollers sports Athlete Anhlly Andrea Perez Moreno after she tested positive for the prohibited substance Methylhexaneamine.
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 substance. She asserted that a contaminated supplement was the source of the positive test.
Following assessment of the evidence and the Athlete's conduct in this case the Panel finds that she failed to explain with corroborating evidence how the substance had entered her system. Further the Panel deems that she acted negligently with her supplements.
Therefore the Court of Arbitration for Sport decides on 23 August 2012 that:
1.) The appeal of WABA is admissible.
2.) The decision rendered by the Disciplinary Commission of the FCP on 10 May 2011 against Mrs Anhlly Andrea Pérez Morene is set aside.
3.) Anhlly Andrea Pérez Moreno is sanctioned by a two-year period of ineligibilily, which started on 10 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 results obtained by Anhlly Andrea Pérez Moreno from 28 October 2010 shall be disqualified with all the resulting consequences including forfeiture of anymedals, 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.
