Related case:
TJD-AD 2022-008 Disciplinary Decision - Cycling
June 14, 2022
On 14 June 2022 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decides to impose a 4 year period of ineligibility on the cyclist after he tested positive for the prohibited substance Enobosarm (ostarine).
In first instance the Rapporteur concluded that the Athlete failed to demonstate that the violation was not intentional because of a contaminated supplement. He also deemed that there were several inconsistencies his statements.
Hereafter in July 2022 the Athlete appealed the disciplinary decision with the TJD-AD Appeal Panel. He requested the Appeal Panel to set aside the Appealed Decision and to impose a reduced sanction.
The Athlete denied the intentional use of the substance and argued that he acted as a recreational cyclist. He acknowledged that he had failed to mention all his supplements on the Doping Control Form.
He alleged that he had demonstrated sufficiently with circumstantial evidence and analysis in the Rio Lab that a commercial supplement was contaminated. He asserted that a low concentration of Ostarine was found in this over-the-counter supplement, consistent with the low concentration Ostarine found in his sample.
Following assessment of the evidence the Appeal Panel accepts that the Athlete can be qualified as a recreational cyclist. Although the Athlete had provided two open unsealed supplement for analysis to the Rio Lab this fault can not invalidate the test result that showed that one supplement was contaminated.
Further the Panel considers that scientific studies showed that 15 procent of the industrial supplements can contain contaminants. The Athlete was tested before without issues and the concentration found in his system was very low and consistent with the concentration contaminants present in his supplement.
Therefore the TJD-AD Appeal Panel decides on 9 September 2022 to set aside the Appealed Decision and to impose a reduced 6 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 10 August 2021.
