ADAPI 2022_24 M.R. Poovamma vs INADA - Appeal

On 16 June 2022 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 3 month period of ineligibility on the Athlete M.R. Poovamma after she tested positive for the prohibited substance Methylhexaneamine (dimethylpentylamine) related to the supplement she had used.

Hereafter India National Anti-Doping Agency (INADA) appealed the ADDPI decision with the Anti-Doping Appeal Panel of India (ADAPI). INADA requested the panel to set aside the Appealed Decision and to impose a more sever sanction on the Athlete.

The Athlete denied the intentional use of the substance and argued that she had demonstrated that source of the positive test was an over-the-counter medication she had used. Analysis in a laboratory revealed that the supplement Bedtime Latte contained the prohibited substance.

INADA conteded that the Athlete had acted negligently with her supplements as an experienced athlete and had not established the source of the prohibited substance. She failed to mention all her supplements and medications on the Doping Control, nor made an appliciation for a TUE.

The Panel finds that the presence of a prohibited substance had been established in the Athlete's sample and accordingly that she committed an anti-doping rule violation. The Panel accepts that the violation was not intentional although she had acted negligently.

The Panel considers that the Athlete had not mentioned all her supplements and medication on the Doping Control Form and had not produced corroborating evidence to establish the source of the prohibited substance.

The Panel deems that the laboratory in question was not accredited and their analysis report was insufficient. Moreover the Athlete's tested medication container was delivered open and suspicious and as an experience athlete she had failed to check ther medication before using.

Therefore ADAPI decides on 17 September to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.

Original document

Parameters

Legal Source
National Decisions
Date
17 September 2022
Arbitrator
Mukerji, Abhinav
Singh, Prashanti
Singh, Vivek Pal
Original Source
India National Anti-Doping Agency (INADA)
Country
India
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Negligence
No intention to enhance performance
Period of ineligibility
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Anti-Doping Appeal Panel of India (ADAPI)
India National Anti-Doping Agency (INADA)
Laboratories
Ghent, Belgium: DoCoLab Universiteit Gent-UGent
Analytical aspects
B sample analysis
Doping classes
S6. Stimulants
Substances
4-Methylhexan-2-amine (methylhexaneamine, 1,3-dimethylamylamine, 1,3 DMAA)
Various
Supplements
Document type
Pdf file
Date generated
8 November 2022
Date of last modification
26 January 2023
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