CAS 2019_A_6245 César Macnaught Ramírez Rodríguez vs ITF

CAS 2019/A/6245 César Macnaught Ramirez Rodriguez v. International Tennis Federation (ITF)

Related case:

ITF 2018 ITF vs César Ramírez
March 18, 2019



On 18 March 2019 the ITF Independent Tribunal decided to impose a 4 year period on the Mexican tennis player César Macnaught Ramírez Rodríguez after his A and B samples tested positive for the prohibited substances 19-norandrosterone (Nandrolone), Boldenone, Drostanolone and Stanozolol.

Here the ITF Tribunal Panel was troubled about the inconsistencies in the evidence and statements provided by the Athlete. The Panel did not accept that it was more probable than not that the Athlete's personal trainer substituted four different steroids for Maxi Plus Suplexx and Vampire injections without the Athlete’s knowledge.

Hereafter in April 2019 the Athlete appealed the ITF decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the ITF decision of 18 March 2019 and to impose a reduced sanction.

The Athlete argued that the violation was not intentional, he gave a prompt admission and his degree of fault was not significant. Based on the witness statement of his personal trainer Mr Lira, it has been established on a balance of probabilities that the Prohibited Substances found in the Athlete's system originated from the substances, which Mr Lira had administered to him secretly.

The ITF contended that the Athlete failed to prove on the balance of probabilities that his violation was due to spiking by Mr Lira. He also needed to show that it is more likely than not that the concentrations of the substances found in his sample were consistent with his claimed ingestion in the amounts and at the times claimed. The ITF further pointed to the inconsistencies in the WhatsApp messages between the Athlete and Mr Lira. Finally the Athlete does not qualify for a reduction for his prompt admission and his claim as to No Significant Fault or Negligence must be dismissed.

The Panel deems that the Athlete's evidence in support of his explanation on how the Prohibited Substances entered his body suffers several inconsistencies and it concludes that the anti-doping violation is intentional. The contrary submissions of the Athlete that the violation was not intentional and was caused by the ingestion of a contaminated supplement or that he bore no significant fault or negligence are to be dismissed.

The Panel also finds the imposed sanction in First Instance to be confirmed. The Athlete in fact has not established any reason to depart from the mandatory sanction of 4 years of ineligibility, starting from 12 April 2018.

Therefore the Court of Arbitration for Sport decides on 23 January 2020 that:

1.) The appeal filed by Mr César Macnaught Ramirez Rodriguez on 8 April 2019 against the decision rendered by the Independent Tribunal of Sports Resolutions on 18 March 2019 is dismissed.

2.) The decision rendered by the Independent Tribunal of Sports Resolutions (UK) on 18 March 2019 is confirmed.

3.) The award is pronounced without costs, except for the Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by the Appellant, which is retained by the Court of Arbitration for Sport.

4.) Mr César Macnaught Ramirez Rodriguez shall pay to the International Tennis Federation a contribution in the amount of CHF 5,000 (five thousand Swiss Francs) to its legal fees and expenses incurredin connection with the present proceedings.

5.) All other motions or prayers for relief are dismissed.

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
23 January 2020
Arbitrator
Cabrera Garcia, Fernando J.
Fumagalli, Luigi
Reid, James Robert
Original Source
Court of Arbitration for Sport (CAS)
Country
Mexico
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case law / jurisprudence
Circumstantial evidence
Commencement of ineligibility period
Digital evidence / information
Intent
Prompt / Timely Admission
Sport/IFs
Tennis (ITF) - International Tennis Federation
Laboratories
Montreal, Canada: Laboratoire de controle du dopage INRS-Institut Armand-Frappier
Analytical aspects
B sample analysis
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
Boldenone
Drostanolone
Nandrolone (19-nortestosterone)
Stanozolol
Medical terms
Legitimate Medical Treatment
Various
Athlete support personnel
Internet / Social media
Lying / false statement
Spiking / sabotage
Supplements
Document type
Pdf file
Date generated
11 February 2020
Date of last modification
23 January 2023
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin