related case:
CAS 2004/A/690 Diego Hipperdinger vs ATP
Diego Hipperdinger (player) was heard on July 14,2004, via a conference telephone call before an Anti-Doping tribunal.The factual grounds: this arbitral proceeding originated at the ATP sanctioned tournament "BellSouth Open" held in Vina del Mar in Chile in February 2004. The Appellant participated in this tournament. On 9 February 2004, a urine sample was taken from the Appellant. The urine sample was send from Chile to the Laboratoire de Controle de Dopage in Montreal, Canada. On 27 February 2004, the laboratory issued its analytical report which found the presence of "cocaine and metabolites". On 27 April 2004, the laboratory carried out a confirmation test on the B-specimen, which also showed the presence of "cocaine and metabolites".
Because of altitude sickness the player used herbal tea and chewing the tea's coca leaves. An acquaintance provided him with a bag of coca leaves he was from an area were this product is commonly used.
He was unaware that these coca leaves would lead to the detection of cocaine, also he had no intention to enhance his sport performance.
The panel disregards no fault or negligence, no significant fault or negligence and special circumstances in this case. This means there is no reason for reduction of the period of ineligibility which will be a period of 2 years because it is a first offence.
The decision is a 2 year period of ineligibility, received prize money has to be returned also medals, titles and computer ranking points are forfeited. The period of ineligibility will commence on the day of the sample gathering for reasons of fairness.
