Related case:
CAS 2022_A_9141 Mariano Tammaro vs ITF
March 2, 2023
In November 2021 the International Tennis Federation (ITF) had reported an anti-doping rule violation against the Italian tennis player Mariano Tammaro after his A and B samples tested positive for the prohibited substance Clostebol.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the ITF Independent Tribunal.
The Athlete admitted the violation and denied the intentional use of the substance. He asserted with evidence that the source of the substance was a Trofodermin spray that was used in September 2021 for the treatment of a knee wound that was not healing well
The Trofodermin spray was prior purchased for the treatment of the wound suffered by his father. During treatment of his own wound in September 2021 the father applied the Trofodermin spray on the wound without notice to the Athlete. As a result he was unable to check the Trofodermin spray before using.
ITF contended that the Athlete failed to demonstrated that the violation was not intentional and that there are inconsistencies in the witness statements provided by the Athlete's parents.
The Panel establishes that at the time of the violation the Athlete (17) was a Minor, yet not a Protected Person, and that he had received anti-doping education.
Based on the evidence the Panel accepts that the Athlete has demonstrated the source of the prohibited substance and that the violation was not intentional. Nevertheless considering the circumstances in this case the Panel deems that there are no grounds for No Significant Fault or Negligence.
Therefore the ITF Independent Tribunal decides on 25 August 2022 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 30 November 2021.
