FINA 2020 FINA vs Willson Singh Nbhorot

In March 2020 the International Swimming Federation (FINA) has reported an anti-doping rule violation against the Indian water polo player Willson Singh Nbhorot (17) after his sample tested postive for the prohibited substance Terbutaline.

After notification the Athlete gave a prompt admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by FINA. The case was settled by the FINA Doping Panel based on the written submissions of the Parties.

The Athlete denied the intentional use of the substance and believed that the positive test was te result of a the medication he had used. He explained with evidence that, at first and without relief, he had used prescribed medication as treatment for his cough, headache and fever. As alternative he had used a cough syrup purchased in a medical store.

The Athlete asserted that at the relevant time he was a minor, that he was tested for the first time and prior had not received any anti-doping education. He was unaware that the medication he used contained a prohibited substance and acknowleded that he had not checked before using nor mentioned it on the Doping Control Form.

The Panel finds that the Athlete had committed an anti-doping rule violation as a result of the use of a medication that contained a prohibited substance. The Panel accepts that the violation was not intentional and that the Athlete established how the substance had entered his system.

The Panel considers the circumstances in this case and holds that the Athlete gave a prompt admission and prior he had not received any anti-doping education when he underwent doping control. The Panel regards that the Athlete's cough syrup did not raise as much suspicions of containing a prohibited substance as other medications. Further the Panel finds that he acted with a degree of fault since he failed to check his medication before using it.

Therefore the FINA Anti-Doping Panel decides on 29 January 2021 to impose a 12 month period of ineligibility on the Athlete starting on 5 November 2019.

Original document

Parameters

Legal Source
Decisions International Federations
Date
29 January 2021
Arbitrator
Fox, Robert
Original Source
International Swimming Federation (FINA)
Country
India
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Acceptance of sanction
Case law / jurisprudence
Circumstantial evidence
Minor
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Prompt / Timely Admission
Sole Arbitrator
Waiver of "right to be heard"
Sport/IFs
Swimming (FINA) - World Aquatics
Laboratories
Doha, Qatar: Antidoping Lab Qatar, Doping Analysis Lab
Doping classes
S3. Beta-2 Agonists
Substances
Terbutaline
Medical terms
Legitimate Medical Treatment
Treatment / self-medication
Document type
Pdf file
Date generated
3 February 2021
Date of last modification
8 February 2021
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