ADAK 2019 ADAK vs Sheetal Jayendra Kotak - Appeal
Related case:
ADAK 2018 ADAK vs Sheetal Jayendra Kotak
March 7, 2019
On 7 March 2019 the Kenya Sports Disputes Tribunal decided to impose a 2 year period of ineligibility on the bodybuilder Sheetal Jayendra Kotak after her sample tested positive for the prohibited substances 19-norandrosterone, 19-noretiocholanolone (Nandrolone), Boldenone and Metenolone.
In this case the Tribunal deemed that there were inconsistencies and that the incomple case file raises serous doubts in the mind of the Panel regarding fair prosecution by ADAK.
Hereafter in March 2019 the Anti-Doping Agency of Kenya (ADAK) appealed this Decision with the Sports Disputes Tribunal. ADAK contended that in first instance the Hearing Panel was erononously in their findings regarding:
- the imposition of a 2 year period of ineligibility;
- that the violation was not intentional; and
- that the source of the positive test had been established.
ADAK asserted that the Athlete had already admitted the violation and that none of the medications she allegedly had used contained any of the prohibited substances. The Athlete failed to demonstrate that the violation was not intentional, neither did she mention her medication on the Doping Control Form while she only produced an outdated medical report from August 2017.
The Athlete disputed the jurisdiction of the Tribunal and claimed that the appeal was filed too late while she already had served the current 2 year period of ineligibility. The Athlete already gave a promt admission, denied that the violation was intentional and was willing to serve an additional period of ineligibility.
Considering the arguments of the parties the Appeal Panel decides on 3 November 2020 to set aside the first instance Decision and to impose a 4 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 17 January 2018.
