CAS 2020/A/7250 Gomathi Marimuthu v. World Athletics
Related case:
World Athletics 2019 WA vs Gomathi Marimuthu
May 26, 2020
In June 2019 the India National Anti-Doping Agency (INADA) reported multiple anti-doping rule violations against the Athlete Gomathi Marimuthu after her A and B samples, provided during four competitions in March and April 2019, tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
Consequently the World Athletics Disciplinary Tribunal decided on 26 May 2020 to impose a 4 year period of ineligibility on the Athlete.
In First Instance the Disciplinary Panel deemed that the Athlete had failed to explain how exactly the alleged departures in sample collection, handling and analysis could potentially influence the outcome of the laboratory analysis.
Further the Panel deemed that the Athlete failed to produce evidence that she suffered from a medical condition nor demonstrated with evidence how this medical condition or her physical activity could have effected the 19-norandrosterone level in her system.
Hereafter in June 2020 the Athlete appealed the Decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Decision of 26 May 2020 and for the imposition of a reduced sanction.
The Athlete asserted that there had been several departures from the ISTI and ISL regarding the chain of custody and the storage of the samples. Also she claimed that her miscarriage and Polycystic Ovary Syndrome (PCOS) could explain the high concentration of endogenous 19-Norandrosterone in her system.
World Athletics contented that the alleged discrepancies regarding the Athlete's samples are not significant departures of the ISL and ISTI and they would not invalidate the test results. Also the Athlete's alleged miscarriage and PCOS cannot explain the presence of the prohibited substance 19-Norandrosterone in her system.
Considering the evidence in this case the Sole Arbitrator finds that the Athlete's PCOS, her pregnancy and miscarriage cannot explain the high concentration of 19-Norandrosterone in her samples. Regarding the sampling and the testing process the Sole Arbitrator concludes that the Athlete failed to demonstrate that the alleged discrepancies were significant departures that could have caused the positive test results.
Finally the Sole Arbitrator holds that the Athlete failed to show the absence of guilt or negligence. Conversely from the beginning she has expressed consternation and disbelief, and cannot account for the presence of the prohibited substance.
Therefore the Court of Arbitration for Sport decides on 23 April 2021 that:
1.) The appeal filed on 22 June 2020 by Ms Gomathi Marimuthu against World Athletics with respect to the Decision issued on 26 May 2020 by World Athletics' Disciplinary Tribunal is rejected.
2.)The Decision of the World Athletics Disciplinary Tribunal on 26 May 2020 is upheld.
3.) This arbitral award is pronounced without costs, except for the Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by Ms Gomathi Marimuthu, which is retained by CAS.
4.) Each party shall bear their own legal and other costs.
5.) All other and further motions or prayers for relief are dismissed.
