CAS 2011/A/2435 World Anti-Doping Agency (WADA) v. Gert Thys, Athletics South Africa (ASA) & South African Institute for Drug-Free Sport (SAIDS)
Related cases:
- CAS 2009/A/1767 Gert Thys vs Athletics South Africa
July 24, 2009 - Swiss Federal Court 4A_456/2009 Athletics South Africa vs Gert Thys
July 24, 2009
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 (Nandrolone).
After notification by Athletics South Africa (ASA) a provisional suspension was ordered. Following several adjourments the ASA Tribunal 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 the Athlete appealed the ASA Tribunal decision of 11 December 2008 with the Court of Arbitration for Sport (CAS).
On 24 July 2009 the CAS Panel (case 2009/A/1767) decided to set aside the Appealed Decision and to exonerated the Athlete of any doping violation.
Thereupon the ASA appealed the CAS 2009/A/1767 decision with the Swiss Federal Court. On 3 May 2009 the Swiss Federal Court ruled that CAS had no jurisdiction to decide the Athlete’s appeal. The Swiss Federal Court determined that an appeal against the ASA Decision had to be addressed to SAIDS, and not to CAS.
As a result the Athlete filed in June 2010 an appeal with SAIDS against the ASA Decision. However after numerous requests made by the Athlete, SAIDS failed to convene a hearing panel.
Ultimately in May 2011 the World Anti-Doping Agency (WADA) decided to appeal the ASA decision of 11 December 2008 with the Court of Arbitration for Sport (case 2011/A/2435)
The CAS Panel concluded eventually that:
1.) an adverse analytical finding of 19-norandrosterone in the urine provided by Mr Thys on 12 March 2006 has been established;
2.) a departure from ISL has been demonstrated; and
3.) ASA and/or SAIDS have failed to prove to the Panel’s comfortable satisfaction that the departure from the ISL did not undermine the validity of the adverse analytical finding.
Therefore the Court of Arbitration for Sport decides on 30 November 2011 that:
1.) The appeal filed by the World Ant-Doping Agency on 4 May 2011 against the decision issued by the tribunal of Athletics South Africa on 11 December 2008 is admissible.
2.) The decision issued by the tribunal of Athletics South Africa on 11 December 2008 is set aside.
3.) (...)
