Related case:
SAIDS 2020_10 SAIDS vs Thapelo Phora
June 18, 2021
On 18 June 2021 the SAIDS Anti-Doping Hearing Panel decided to impose a reduced 8 month period of ineligibility on the Athlete Thapelo Phora after he tested positive for the prohibited substance Stanozolol.
Analysis of the Athlete's sealed and unsealed supplement containers in two accredited laboratories revealed contradictory results as in some batches contamination was detected, yet not in some other containers. As a result two experts of SAIDS reported that the posibility of contamination could not be excluded.
In first instance the Panel accepted that the Athlete's violation was not intentional and that he established on the balance of probabilities how the prohibited substance had entered his system.
Hereafter the South African Institute for Drug-Free Sport (SAIDS) appealed the Decision of 18 June 2021 with the Anti-Doping Appeal Board of South Africa. SAIDS requested the Appeal Panel to set aside the Appealed Decision and to impose a more severe sanction on the Athlete.
SAIDS contended that contamination of the Athlete's supplement was not proven on a balance of probabilities. It disputed the credibility of the Athlete and his witness statements and contended that he acted without utmost caution.
Further SAIDS contended that in first instance the conclusions reached by the two experts and the Tribunal were erroneous regarding proving the source of the prohibited substance and the imposed sanction.
Considering the circumstances and evidence in this case the Appeal Panel concludes that the Athlete has established on a balance of probabilities that the contaminated supplement he used was the source of Stanozolol in his samples. Also there are no grounds to dismiss the Athlete's testimony as having been false, because after it was supported by objective facts.
Finally the Appeal Panel deems that the Athlete bears No Significant Fault or negligence, that his objective degree of fault is still to be light and that the imposed sanction is appropriate.
Therefore the Anti-Doping Appeal Board decides on 1 July 2021 to dismiss SAIDS' Appeal, to uphold the Appealed Decision of 18 June 2021 and to confirm the imposed sanction of 8 months.
