Related case:
ADAK 2018 ADAK vs Purity Jerono Talam
February 20, 2019
On 20 February 2018 the Panel of the Kenya Sports Disputes Tribunal decided to impose a 4 year period of ineligibility on the Athlete Purity Jerono Talam after she tested positive for the prohibited substance Oxandrolone.
Hereafter the Anti-Doping Agency of Kenya (ADAK) established that the Athlete had participated in 5 competitions in China between April 2018 and May 2019 during her suspension.
Consequently ADAK reported a violation of the prohibition of participation during the imposed ineligibility. After notification the Athlete filed a statement in her defence and she was heard for the Sports Disputes Tribunal.
The Athlete admitted that she had participated in the 5 competitions in China at instigation of her manager who also failed to pay her for these marathons. She asserted that she was unaware that she was sanctioned for 4 years and that she not had received the Decision of the Tribunal. She acknowledged that prior in February 2018 after notification a provisional suspension was ordered.
The Panel deems that the Athlete indeed was sufficiently aware that a provisional suspension was ordered and despite she intentionally had participated in 5 competitions in China. Since the Athlete had filed an appeal against the Decision of 20 February 2019 the Panel dismiss the Athlete's assertion that she was unaware that she was banned due to she had not received the Decision of the Tribunal.
The Panel concludes that the Athlete had breached the provisional suspension, thereupon the period of ineligibility and accordingly she had committed a second anti-doping rule violation.
Therefore the Kenya Sports Disputes Tribunal decides on 3 June 2021 to impose an additional 4 year period of ineligibility on the Athlete, starting on the date the current period of ineligibility shall end, i.e. on 12 February 2022.
