TAS 2006/A/1159 IAAF c/ Ligue Royale Belge d'Athlétisme (LBFA) & M. Ridouane Es-Saadi
CAS 2006/A/1159 IAAF vs Belgian Athletics Federation & Ridouane Es-Saadi
In July 2004 an anti-doping rule violation was reported by the administration of the Flanders region against the Athlete Ridouane Es-Saadi after a search in his house resulted in the charge for possession of prohibited substances: growth hormones, EPO and clenbuterol.
Consequently on 4 March 2005 the Disciplinary Commission of the Flemish Ministery imposed a 6 month period of ineligibility on the Athlete and 12 months conditional for a 2 year period.
Hereafter in January 2006 a new anti-doping rule violation was reported against the Athlete after his sample tested positive for the prohibited substance Methadone.
The Athlete stated that he had used an prescribed compounded medication. His pharmacist testified that not could be exluded that the prohibited substance found was the result of contamination from medication prepared for other patients.
Considering the witness statement and that Methadone is atypical substance to be used for long distance sport the Disciplinary Commissions of the Flemish Ministery decided on 8 June 2006 for acquittal of the Athlete. Hereafter in September 2006 the IAAF appealed the Belgian decision of 8 June 2006 with the Court of Arbitration for Sport.
The IAAF requested to set aside the Appealed Decision and to impose a lifetime period of ineligibility on the Athlete for his second violation. Supported by an expert witness the IAAF contended that the concentration found in the Athlete’s sample was too high to be attributed to contamination of his medication.
In view of the evidence the Panel finds that the Athlete failed to explain how the prohibited substance had entered his body. He also failed to establish exceptional circumstances, nor that he acted without significant fault or negligence .
Therefore the Court of Arbitration for Sport Panel decides on 23 May 2007 to set aside the decision of the Disciplinary Commission of the Flemish Ministery of 8 June 2006, and to impose a lifetime ban on the Athlete.
