On 16 Januari 2023 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 4 year period of ineligibility on the Athlete Radha after she tested positive for the prohibited substance Erythropoietin (EPO).
Hereafter the Athlete appealed the ADDPI decision with the Anti-Doping Appeal Panel of India (ADAPI). The Athlete 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 claimed that she acted with No Significant Fault or Negligence. She explained with medical records that she had used prescribe medications as treatment for her diagnosed condition.
Further the Athlete asserted that she was hampered in her defence due problems with her original e-mail account. As a result she was unaware of the hearing, nor notified about the decision rendered by the ADDPI.
The India National Anti-Doping Agency (INADA) contended that a prohibited substance had been established in the Athlete's sample and that the Athlete had no valid TUE. Furthermore her medical treatment could not explain the presence of EPO in her sample.
Also INADA contended that the Athlete had admitted the violation and had acted negligently with her medication. Moreover there was sufficient e-mail evidence that showed that the Athlete was aware of the proceedings.
The Appeal Panel assessed the evidence in this case and determines that:
- The presence of a prohibited substance had been established in the Athlete's sample and accordingly she had committed an anti-doping rule violation.
- The Athlete's medical reports and prescribed medication could not explain the use en presence of EPO.
- The Athlete failed to demonstrate the source of EPO.
- E-mail correspondence showed that the Athlete was aware of the proceedings and that she didn't care.
Therefore the ADAPI Panel decides on 18 December 2023 to uphold the Appealed Decision and the imposed 4 year period of ineligibility.
