Related case:
CAS 2020_A_7250 Gomathi Marimuthu vs World Athletics
April 23, 2021
In June 2019 the India National Anti-Doping Agency (INADA) reported multiple anti-doping rule violations against the Athlete Gomathi Marimuthu after her A and B samples, provided during four competitions in March and April 2019, tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
After notification a provisional suspension was ordered and Results Management was referred to the World Athletics Athletics Integrity Unit (AIU). The Athlete filed a statement in her defence and she was heard for the World Athletics Disciplinary Tribunal.
In this case there were delays in the proceedings attributed to the Athlete and her team. There were repeated requests to postpone the hearing due to the COVID-19 restrictions in India, there were technical troubles for holding a video conference and the Tribunal received repeatedly incomplete evidence from the Athlete’s team.
The Athlete denied the intentional use of the substance and provided several explanations for the presence of Nandrolone in her samples: genetic conditions, Polycystic Ovary Syndrome (PCOS) which she suffers and physical activity. Also supported by an expert witness the Athlete asserted that there had been several departures from the ISTI and ISL regarding the chain of custody and the storage of the samples.
The AIU requested the Panel to impose a sanction of 4 years since the Athlete failed to demonstrate that te violation was not intentional nor how the substance entered her system. The AIU contended that none of the alleged departures from the ISTI and ISL could have caused the positive test results, her explanations were not plausible and her alleged medical conditions were not confirmed by any medical evidence.
The Panel reviewed in detail the Athlete’s assertions regarding the alleged departures from the ISTI and ISL and is comfortably satisfied that the Athlete failed to explain how exactly the alleged departures in sample collection, handling and anlysis could potentially influence the outcome of the laboratory analysis.
The Panel holds that Athlete failed to produce evidence that she suffers from PCOS nor demonstrated with evidence how this syndrome or her physical activity could have effected the 19-norandrosterone level in her system.
The Panel deems that the presence of the prohibited substance had been established in the Athlete’s samples and accordingly that she committed 4 violation to be considered as one single anti-doping rule violation.
Therefore the World Athletics Disciplinary Tribunal decides on 26 May 2020 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 17 May 2019.
