Related case:
TJD-AD 2022-015-2 Disciplinary Decision - Swimming
August 18, 2022
On 18 August 2022 the TJD-AD Tribunal decided to impose a 6 month period of ineligibility on the Athlete after he tested positive for the prohibited substance Hydrochlorothiazide. In first instance the Panel accepted that a contaminated herbal supplement was the source of the prohibited substance.
Hereafter the Brazilian Doping Control Authority (ABCD) appeled this Decision with the TJD-AD Appeal Tribunal.
ABCD requested the Appeal Panel to set aside the Appealed Decision and to impose a more severe sanction in accordance with the previous proposed Acceptance of Consequences. Although ABCD accepted that the violation was not intentional it deemed that the Athlete had acted with a higher degree of fault or negligence regarding the herbal supplement he had used.
The Rapporteur upholds the conclusion that the violation was not intentional and that the source of the positive test was a contaminated herbal supplement. In view of the Athlete's conduct and his use of this father's herbal supplement the Raporteur agrees that the Athlete acted with a normal degree of fault or negligence.
Therefore the TJD-AD Appeal Panel decides on 19 October 2022 to set aside the Appealed Decision and to impose a 12 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 13 October 2021.
