CAS 2018/A/5681 Nationale Anti-Doping Agentur Deutschland v. Vincent A.
In June 2017 the National Anti Doping Agency Germany (NADA) has reported an anti-doping rule violation against the baseballplayer Vincent A after his A and B samples tested positive for the prohibited substance Amfetamine.
In first instance the Athlete demonstrated with evidence that he was the victim of sabotage through contamination of his supplement. The German Institution of Arbitration (DIS) accepted the Athlete’s assertion an decided on 19 March 2018 not to impose a sanction on the Athlete.
Hereafter in April 2018 NADA appealed the DIS decision with the Court of Arbitration for Sport (CAS). NADA requested the Panel to set aside the DIS decision and to impose a 2 year period of ineligibility on the Athlete.
NADA accepted that the violation was not intentional but is doubtful that the Athlete acted without Fault and didn’t demonstrate how the substance entered his system. It contended that the Athlete failed to demonstrate that the alleged contamination of his supplement in question was the result of sabotage by an ex-girlfriend. Also NADA pointed to a number of inconsistenties in the Athlete's statements made during the proceedings and during the police investigations into the doping violation.
The Athlete requested the Panel to uphold the DIS decision of 19 March 2018, he accepted the test results and he denied that he had committed the violation knowingly and intentionally. He asserted that the sample collection was initiated after NADA had received anonymous reports and he undertook enormous efforts in order to find an explanation for the positive test. Further the Cologne Lab had confirmed that the prohibited substance was found in his supplement in question while the Athlete’s hair analysis showed the presence of low concentrations of Amfetamine consistent with low ingestion.
Considering the evidence, the opinion of expert witnesses and the Athlete’s assertions the Panel is unconvinced that on a balance of probability the Athlete’s ex-girlfriend had sabotaged his supplement by mixing a crumbled amfetamine tablet into this supplement during her alleged visit to his apartment in March 2017. The Panel holds that the probability of sabotage is significant less than 50% and accordingly the Panel rejects the Athlete’s assertion.
The Panel accepts that the violation was not intentional and that the source of the positive test remained unknown. Also the Panel finds that the Athlete acted negligently regarding the storage and use of his supplements as this represents a conceivable risk in case of sabotage by friend or foe.
Therefore the Court of Arbitration for Sport (CAS) decides on 27 December 2018:
1.) The Decision of the German Institution of Arbitration (DIS) of 19 March 2018 is set aside.
2.) The Athlete has committed an anti-doping rule violation and a 2 year period of ineligibility shall be imposed.
3.) The provisional period of suspension served by the Athlete shall be credited.
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