CAS 2009/A/1767 Thys v. Athletics South Africa
Related cases:
- Swiss Federal Court 4A_456/2009 Athletics South Africa vs Gert Thys
July 24, 2009 - CAS 2011_A_2435 WADA vs Gert Thys & Athletics South Africa & SAIDS
November 30, 2011
In March 2006 the IAAF has reported an anti-doping rule violation against the South-African Athlete Gert Thys after his A and B samples tested positive for the prohibited substance 19-norandrosterone.
After notification a provisional suspension was ordered and after several adjourments the Tribunal of the Athletics South Africa (ASA) decided to impose a period of ineligibility on the Athlete from 25 april 2006 (date of the provisional suspension) until 11 December 2008 (date of the Tribunal decision).
Hereafter in January 2009 the Athlete appealed the ASA Tribunal decision of 11 December 2008 with the Court of Arbitration for Sport (CAS).
The Athlete asserted that an departure of the ISL had occurred in the Seoul Laboratory. He claimed that the same analyst had tested both A and B samples and that this departure of the ISL would invalidate the test results.
Following assessment of the facts of this case the Panel concludes that:
- a.) The ASA has established an adverse analytical finding of 19-norandrosterone in the urine provided by Mr.Thys on 12 March 2006;
- b.) Mr. Thys has successfülly demonstrated the departure from ISL 5.2.4.3.2.2; and
- c.) The ASA has failed to prove to the Panel's comfortable satisfaction that the departure from 5.2.4.3.2.2 did not undermine the validity of the adverse analytical finding.
Therefore on 24 July 2009 the CAS Panel decides that:
1.) It has jurisdiction to hear the appeal filed by Gert Thys on 7 January 2009.
2.) The appeal of Gert Thys is upheld.
3.) The decision of Athletics South Africa of 11 December 2008 is set aside.
4.) Gert Thys is exonerated of any doping infraction and is eligible to compete without any prior reinstatement testing.
5.) The prize money, income and benefits derived from the participation of Gert Thys in the Seoul Marathon in March 2006 shall not be forfeited.
6.) The award is pronounced without costs, except for the court office fee of CHF 500 (five hundred Swiss Francs) paid by Gert Thys, which is retained by the CAS.
7.) Athletics South Africa shall pay Gert Thys a contribution towards his legal fees in the amount of CHF13,000 (thirteen thousand Swiss Francs), within 30 (thirty) days of notification of this award”.
Hereafter ASA appealed the CAS decision of 24 July 2009 with the Swiss Federal Court (case 4A_456/2009).
Thereupon in in May 2011 WADA appealed the ASA Tribunal decision of 11 December 2008 with the Court of Arbitration for Sport. (case CAS 2011/A/2435).
