related cases:
CAS 2006_A_1025 Mariano Puerta vs ITF
July 12, 2001
ITF 2003 Mariano Puerta vs ATP Tour
January 1, 2001
Mariano Puerta (player) was reported for an Anti-Doping Rule violation, his urine sample provided on June 5, 2004, at the French Open Roland Garros in Paris, tested positive for etilefrine.
The player did not dispute the presence in his body of a prohibited substance etilefrine. He asserted "No Fault or Negligence" and "No Significant Fault or Negligence" for the offense and requested an oral hearing, which took place December 6 and 7, 2005. He claims by accident used the glass of his wife which contained the prohibited substance, which she uses as medication to treat hypo-tensive episodes, particularly during menstruation.
However it is likely that the prohibited substance was taken accidentally but it can't be proven. The athlete stays responsible for what he ingests.
Due to an earlier doping violation this case is regarded as a second offense.
Decision
The Tribunal:
(1) confirms the commission of the doping offense specified in the notice of charge set out in the ITF’s letter to the player dated 21 September 2005, namely that a prohibited substance, etilefrine, has been found to be present in the urine sample that the player provided at the 2005 French Open on 5 June 2005;
(2) orders that the player’s individual results in both the singles and doubles competitions must be disqualified in respect of the 2005 French Open, and in consequence rules that the prize money (half the prize money awarded to the doubles pair, in the case of the doubles competition) and ranking points obtained by the player through his participation in those competition must be forfeited;
(3) orders, further, that the player’s individual results in all competitions subsequent to the French Open shall be disqualified and all prize money and ranking points in respect of those competitions forfeited;
(4) declares that the player shall be ineligible for a period of eight years commencing on 5 June 2005 from participating in any capacity in any event or activity (other than authorized anti-doping education or rehabilitation programmes) authorized by the ITF or any national or regional entity which is a member of or is recognized by the ITF as the entity governing the sport of tennis in that nation or region
