Related case:
TJD-AD 2022-009 Appeal Decision - Cycling
September 9, 2022
In August 2021 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the cyclist after his sample tested positive for the prohibited substance Enobosarm (ostarine).
Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete denied the intentional use of the substance and argued that he acted as recreational athlete with No Significant Fault or Negligence. He believed that his compounded supplement was contaminated. However analysis of two opened unsealed commercial supplements in the Rio Lab confirmed the presence of Ostarine in a Beta-Aline supplement.
ABCD contended that the Athlete failed to establish the source of the prohibited substance due to he only partially mentioned his supplements on the Doping Control Form. He claimed that a compounded supplement was the source, yet he failed to deliver this supplement to the Rio Lab. The commercial supplements were delivered to the Rio Lab opened and unsealed what would invalidate the test result.
The Rapporteur determines that the cyclist was not acting as a recreational athlete, more as a regional athlete because of his participation in competitions and the results he had obtained.
The Rapporteur concludes that the Athlete failed to demonstate that the violation was not intentional. He deems that there were several inconsistencies on what supplements the Athlete had used at the material time and on what he had mentioned on the Doping Control Form.
Further the Rapporteur considers that the alleged compounded supplement was not delivered to the Rio Lab whereas the analysed two commercial supplements were open and unsealed what would invalidate the test result.
Therefore the TJD-AD Panel decides on 14 June 2022 to impose a 4 year period of ineligibility on the Athlete, starting on the date of provisional suspension, i.e. on 10 August 2021.
