Related case:
TJD-AD 2018-137 Disciplinary Decision - Handball
December 11, 2018
On 13 June 2019 the TJD-AD Panel decided to impose a 2 year period of ineligibility on the Athlete after he tested positive for the prohibited substance Clenbuterol.
Hereafter the Brazilian Doping Control Authority (ABCD) appealed the Decision with the TJD-AD Apppeal Tribunal and requested for a sanction of 4 years.
ABCD contended that the Athlete failed to demonstrate that the violation was not intentional, nor how the substance had entered his system. It argued that the Athlete did not produce any corroborating evidence on how and when he had ingested contaminated meat in June 2018 in countries where food contaminations have been established such as China and Mexico.
The Appeal Panel finds that the presence of the prohibited substance Clenbuterol has been established in the Athlete's sample and accordingly that he had committed an anti-doping rule violation.
The Appeal Panel agrees that there is no corroborating evidence that shows that the positive test was caused by food contamination. However the Panel deems that the established low concentration Clenbuterol in the Athlete's sample is more consistent with an unintentional violation.
Therefore The TJD-AD Appeal Panel decides on 26 September 2019 by majority to dismiss the ABCD Appeal and to uphold the sanction of 2 years imposed on the Athlete.
