Related case:
TJD-AD 2020-031 Appeal Decision - Canoe
June 4, 2020
On 2 August 2019 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a 4 year period of ineligibility on the Kayak Athlete after he tested positive for a prohibited substance.
Previously in June 2019 the Brazilian Doping Control Authority (ABCD) also had reported that the Athlete had participated as a coach and as an athlete of the Kayak Team of the Brazilian Canoe Confederation (CBCa) during the Provisional Suspension.
ABCD reported that the Athlete was caught 3 times in competition; there were postings on social media showing the Athlete in competition; and the Athlete apparently received support from the CBCa lawyer.
Consequently an anti-doping rule violation was ordered by ABCD against the CBCa President for complicity. The President denied the charge while he acknowledge that in May 2018 he and the Manager of the technical department had been informed about the Athlete's Provisional Suspension.
The CBCa President testified that he was unaware that the Athlete had received permission from the CBCa. The Manager in question confirmed that he granted permission to the Athlete to participate into the competitions during the Provisional Suspension. However the Athlete was never authorised to operate as a coach, only as staff member of the Kayak Team and his registration was changed accordingly.
The Athlete confirmed that he was present at the competitions and he denied that he had breached the provisional suspension. In accordance with his instructions from the CBCa he did not operate there as a coach, nor did he participate into the matches. He asserted that he only had assisted the athletes during these competitions.
In view of the evidence in this case the Rapporteur determines that the Athlete indeed clearly had breached the Provisional Suspension whereas the CBCa was involved into this breach.
Although there were several inconsistencies in the evidence and testimonies in this case the Rapporteur finds that the CBCa President was not intentionally involved in the breach of the Athlete's Provisional Suspension. Nevertheless the Rapporteur deems that the CBCa President had failed to apply properly the anti-doping rules and acted with disregard, disrespect and incompetence.
Therefore the TJD-AD Panel decides on 28 April 2020 for the acquittal of the President regarding the Complicity violation.
