TAS 2014/A/3590 Federation Internationale de l'Automobile v. Pal Lonyai

CAS 2014/A/3590 FIA vs Pal Lonyai (Settlement)

On 3 April 2014 the FIA Anti-Doping Disciplinary Committee decided not to impose a period of ineligibility on the Athlete after he tested positive for the prohibited substance Cocaine. Only the Athlete's results from the event were disqualified by the Committee.

Herafter in May 2014 FIA appealed this decision with the Court of Arbitration for Sport (CAS). FIA requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.

In the Athlete's defence a friend testified during the hearing that he had spiked the drink of the Athlete, without his knowledge on a night out in August 2013, in order to bring him in a better mood.

In October 2014 the Parties reached a settlement agreement and they requested the Panel to issue a Consent Arbitral Award incorporating this signed settlement agreement.

Therefore the Court of Arbitration for Sport (CAS) decides on 10 November 2014:

1. The Panel hereby ratifies the Settlement Agreement executed by the parties on 8 and 9 October 2014.
2. The arbitral procedure CAS 2014/A/3590 Federation Internationale de l'Automobile v. respondent is terminated and deleted from the CAS roll.
3. Each party is hereby ordered to perform the obligations and duties as per the Settlement Agreement referred to above.
4. The costs of the arbitration, which shall be determined and separately communicated to the parties by the CAS Court Office shall be borne entirely by the FIA.
5. Each party shall bear its own legal and other costs and expenses incurred in connection with this arbitration.
6. All other claims for relief that either party might otherwise make against the other in relation to this dispute are released and discharged unconditionally, they may not be further pursued and they are hereby rejected.

• 2015 iNADO Workshop wrap-up
• “Informal” anti-doping sanctions
• More on the risk of supplements and management of that risk
• Doping control songs

Facts
The Canadian Centre for Ethics in Sports charges Alicia Brown, the athlete, for a violation of the Anti-Doping Rules. Her sample, taken during a out-of-competition doping control in November 24, 2013, tested positive on hydrochorothiazide (HCTZ) which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list. Her B sample showed the same findings, the amount measured was low (a trace) in both samples.

History
She had established that she had no significant fault or negligence because she claimed, on a balance of probabilities, that the HCTZ had entered her body most probably by drinking contaminated water at Ingersoll. The athlete had quickly admitted the anti-doping violation and had not participated in a sanctioned race for over a year.

Decision
- The sanction is a reprimand.

Facts
The Australian Football League alleged that 34 athletes and support persons of the Essendon Football club may have used prohibited substances and may have been engaged in prohibited methods.

Considerations tribunal
At a Directions Hearing held on 18 November 2014, an issue was raised as to whether hearings of the Tribunal in this matter should be in private or in public. Submissions were made as to the decision that should be made. Under the AFL Rules and Code, the decision is to be made by the Tribunal Chairman. After weighing in the balance all the relevant circumstances, considerations and factors, the public interest in preserving and protecting the privacy and private and personal information of the players outweighs the public interest in the public receiving information presented to the hearing. I am satisfied that the only way their privacy and private and personal
information can be preserved and protected is by the hearing being conducted in private. A private hearing is required. Further, a private hearing minimizes the defamation risk for the participants in the hearing. It facilitates the availability of witnesses to give evidence and
eliminates any complications that might otherwise arise under the Australian Sports Anti-Doping Authority (ASADA) Act or the Privacy Act.

Decision
A private hearing is required.

The Relevance of Swiss Law in Doping Disputes / Mike Morgan
In: Revue de droit Suisse (Volume 132 (2013), issue 03, p. 341 to 351)

Swiss law does, more often than not, play an important part in the determination of doping disputes. Governing bodies of sport must therefore not lose sight of the fact that Swiss law protects athletes from unlawful infringement of their personality rights. To that end, sanctions imposed on athletes can only be justified where they pursue an overriding public or private interest, are proportionate and do not lead to unequal treatment.

In March 2015 the Pakistan Cricket Board had reported an anti-doping rule violation against the cricket player Raza Hasan after his sample tested positive for the prohibited substance cocaine.

After notification a provisional suspension was ordered. The Athlete failed to file a statement in his defence, nor did he request for a the hearing.

Without the Athlete's response the PCB Anti-Doping Tribunal decideds on 22 May 2015 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 24 March 2015.

Facts
The Welch Rugby Union (WRU) charged Oliver Bilton, the athlete, for violations of the Anti-Doping Rules. On December 13, 2014 an in-competition urine sample was collected for doping control purposes. His sample showed the presence of oxandrolone and its metabolite epioxandrolone which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The athlete requested to determine this case on the papers. The Tribunal acceded to that request by the Athlete and the Tribunal met by telephone conference on 29 April 2015 to consider the papers. The athlete had used protein supplements from his housemates. The Athlete did not carry out any checks on his housemates’ supplements before he used them.
Although two prohibited substances were detected, the panel regards this case as one Anti-Doping Rule Violation. The athlete had made a prompt admission. The Athlete’s two year period of suspension should be backdated to the date of the sample collection namely December 13, 2014. The Athlete should receive the benefit of the lex mitior principle as the WADA Code 2015 provides that the Athlete may return to training no longer than 2 months before the expiry of his period of ineligibility.

Decision
The sanction imposed by this Tribunal for the ADRV’s is a period of Ineligibility of two years commencing on December 13, 2014. The Athlete shall be permitted to return to training no earlier than two months prior to the expiry of the period of Ineligibility, namely October 13, 2016.

Facts
The United Kingdom Anti-Doping (UKAD) had charged Rhys Williams, the athlete, for a violation of the Anti-Doping Rules. On June 17, 2014, during an out-of-competition doping control samples were taken for doping test purposes. The samples of the athlete showed the presence of a metabolite of several exogenous anabolic steroids including methyltestosterone and metandienone. These exogenous steroids are prohibited substances according the World Anti-Doping Agency (WADA) 2014 prohibited list.

History
The athlete used supplements for which he had checked the manufacturers, unfamiliar ingredients were checked on the Global Drug References website. When checking for the supplement that caused the positive test the manufacturer didn't want to pay the fee for other batches to be tested, the original batch had been tested with negative results. The manufacturer was surprised about the positive result of the doping test, his logical explanation was that something must have gone wrong during the blending, manufacturing or package process.
Because of the fact that his sanction was reached after 1 january 2015 Lex mitior was applied because the new ruling of the WADA has a lesser severe penalty for this violation.

Decision
- The period of Ineligibility imposed is four months commencing on 24 July 2014.
- The athlete is disqualified from the race he ran on July 11 2014,

Facts
The United Kingdom Anti-Doping (UKAD) had charged Garath Warburton, the athlete, for a violation of the Anti-Doping Rules. On June 17, 2014, during an out-of-competition doping control samples were taken for doping test purposes. The samples of the athlete showed the presence of a metabolite of several exogenous anabolic steroids including methyltestosterone and metandienone. These exogenous steroids are prohibited substances according the World Anti-Doping Agency (WADA) 2014 prohibited list.

History
The Athlete didn't knew that the supplement he had used was contaminated with the prohibited substance and requested that any sanction will be eliminated. The athlete personally investigated the supplements and the need to make all necessary inquiries as to their safety”. He researched the suppliers website and undertook appropriate additional investigations, including that the products were backed by certificates of conformity, indicating to him that they were properly batch tested and safe to use. Further, he discussed it with his agent, and his partner and colleagues. No one said it was anything other than ‘safe’ to use.
Because of the fact that his sanction was reached after January 1, 2015 Lex mitior was applied because the new ruling of the WADA has a lesser severe penalty for this violation.

Decision
The period of Ineligibility imposed is six months commencing on 11 July 2014.

Annual banned-substance review: analytical approaches in human sports drug testing / Mario Thevis, Tiia Kuuranne, Hans Geyer, Wilhelm Schänzer. - (Drug Testing and Analysis 6 (2014) 1-2 (January-February); p. 164-184)

• PMID: 24285613
• DOI: 10.1002/dta.1591

Abstract

Monitoring the misuse of drugs and the abuse of substances and methods potentially or evidently improving athletic performance by analytical chemistry strategies is one of the main pillars of modern anti-doping efforts. Owing to the continuously growing knowledge in medicine, pharmacology, and (bio)chemistry, new chemical entities are frequently established and developed, various of which present a temptation for sportsmen and women due to assumed/attributed beneficial effects of such substances and preparations on, for example, endurance, strength, and regeneration. By means of new technologies, expanded existing test protocols, new insights into metabolism, distribution, and elimination of compounds prohibited by the World Anti-Doping Agency (WADA), analytical assays have been further improved in agreement with the content of the 2013 Prohibited List. In this annual banned-substance review, literature concerning human sports drug testing that was published between October 2012 and September 2013 is summarized and reviewed with particular emphasis on analytical approaches and their contribution to enhanced doping controls.