TAS 2011/A/2585 Agence Mondial Antidopage c. Ramior Marino & Union Ciclista Republica Argentina (UCRA)
CAS 2011/A/2585 WADA vs Ramiro Marino & UCRA
In April 2011 the International Cycling Union (UCI) has reported an anti-doping rule violation against the Argentinian cyclist Ramiro Marino after his sample tested positive for the prohibited substance Methylhexaneamine (1,3-dimethylamylamine).
Thereupon on 5 July 2011 the Anti-Doping Commission of the Cycling Union of the Argentine Republic (UCRA) decided to impose a reprimand and a warning on the Athlete, without a period of ineligibility. The UCRA deemed that the concentration of the substance found in the Athletes sample was very low and that the violation was not intentional.
Although the UCI filed no appeal, in October 2011 WADA appealed the UCRA Decision with the Court of Arbitration for Sport (CAS).
UCRA initiated a review of the Athlete’s case and ruled on 5 December 2011 to uphold the Appealed Decision based on new facts that discharged the Athlete.
The Athlete explained that he underwent a spleen transplantation in May 1999 and asserted that the prohibited substance had to be in the antiflu medication he used to prevent infections following his transplantation. The UCRA found that the presence of the prohibited substance was justified due to the Athlete’s transplantation and not an anti-doping rule violation.
By contrast the CAS Panel finds that an anti-doping rule violation has been established and that the UCRA must reform the Appealed decision.
The Panel concludes that the Athlete had acted with significant negligent because he failed to research the ingredients of the antiflu medication before using. He also failed to demonstrate with corroborating evidence that the antiflu medication he used indeed was the source of the positive test result.
Therefore on 21 May 2012 the Court of Arbitration for Sport Panel decides to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.
