CAS 2020_A_6763 Trinidad and Tobago Olympic Committee (TTOC) v. World Athletics
In August 2019 the Athletics Integrity Unit (AIU) for World Athletics reported an anti-doping rule violation against the Athlete Ms Michelle-Lee Ahye from Trinidad and Tobago for having 3 Missed Tests within a 12 month period: in June 2018, February 2019 and in April 2019.
In First Instance before the Disciplinary Tribunal the Athlete accepted that the First and Second Missed Tests amounted to breaches of World Athletics Rules. As to the Third Missed Test the Athlete stated that she was at home on 19 April 2019 but had not heard the doorbell or the knocking on the door or the telephone.
Contrary to the Athlete's statement the Doping Control Officer (DCO) reported that during the 60-minute time slot he knocked on her door 36 times and rang the bell 12 times while he also telephoned her twice.
Although the Athlete offered a number of reasons, the Tribunal concluded that she failed to demonstrate that she didn’t acted negligently for her failure to be available for testing on 19 April 2019. Consequently the Disciplinary Tribunal decided on 7 January 2020 to impose a 2 year period of ineligibility on the Athlete starting on the date of Third Missed Test, i.e. 19 April 2019.
Hereafter in February 2020 the Trinidad and Tobago Olympic Committee (TTOC) appealed the Decision of 7 January 2020 with the Court of Arbitration for Sport (CAS). The Sole Arbitrator rendered a decision based on the written submissions of the Parties.
The TTOC on behalf of the Athlete did not dispute the First Missed Test but did address the Second and Third Missed Tests. The TTOC argued that the Athlete was not to blame for the Second Missed Test then it follows that the Second Missed test should not be taken into account as a violation, with the result that no anti-doping rule violation has been committed, or that no fault or negligence to be attributed to the Athlete regarding to the Second Missed Test.
As to the Third Missed Test the TTOC asserted that in First Instance the Tribunal erred in law when it found that the World Athletics did discharge its burden of proof at the requisite standard in relation to the actions of the DCO in question. The TTOC claimed that the DCO did not do all that was reasonable necessary to locate the Athlete and that he failed to act in accordance with the applicable Guidelines.
The Sole Arbitrator concludes that the Athlete has committed three Missed Tests within a 12-month period (commencing 23 June 2018). Having taken into account the nature and circumstances of the Three Missed Tests, and the evidence on each of them proffered by the Athlete, the Sole Arbitrator finds that the decision of the Disciplinary Tribunal was correct in applying a 2 year period of ineligibility from the date of the Third Missed Test (being 19 April 2019).
Further he finds that there is no reason to grant a reduction of the period of ineligibility. In the Sole Arbitrator's view, there is nothing about the degree of fault on the part of the Athlete that commends itself to a reduction of sanction.
Therefore the Court of Arbitration for Sport decides on 24 February 2021 that:
- The appeal filed by the Trinidad and Tobago Olympic Committee against World Athletics with the Court of Arbitration for Sport on 10 February 2020 is dismissed in its entirety.
- The decision of the Disciplinary Tribunal dated 7 January 2020 is confirmed.
- The Award is pronounced without costs, except for the Court Office fee of CHF 1,000 (onethousand Swiss Francs) paid by the Trinidad and Tobago Olympic Committee, which is retainedby the Court of Arbitration for Sport.
- The Trinidad and Tobago Olympic Committee shall make a contribution of CHF 3000 (threethousand Swiss francs) to the legal costs and other expenses incurred by World Athletics in connection with these proceedings.
- All other motions or prayers for relief are dismissed.
