14 Mar 2011
TAS 2010/A/2201 Andrea Mangiante c/ CONI
CAS 2010/A/2201 Andrea Mangiante vs CONI
In December 2009 the Ufficio di Procura Antidoping del CONI(UPA), the Italian Anti-Doping Prosecutor's Office, has reported an anti-doping rule violations against the Athlete Andrea Mangiante after his samples - provided on 18 July 2008, 8 August 2008 and 25 March 2009 - showed a T/E ratio above the WADA threshold with GC-IRMS tested negative hereafter.
Other samples provided by the Athlete before, in between and after abovementioned data, in the period 2008 and 2009, showed normal t/e ratio results.
After notification the Athlete filed a statement in his defence, sustained by his experts, and was heard for the Italian National Anti-Doping Tribunal. The Athlete denied the use of prohibited substances and disputed the reliability of the samples.
Considering the arguments from the parties experts about the Athlete’s test results, the CONI TNA Panel decided on 10 July 2010 to impose a 2 year period of ineligibility on the Athlete.
Hereafter in August 2010 the Athlete appealed the CONI TNA decision with the Court of Arbitration for Sport (CAS).
The CAS Panel finds that the performed tests on the Athlete’s samples in 2008 and 2009 are valid and concludes that the Athlete failed to establish that there has been a violation of the IST.
In spite of the Athlete’s arguments, the Panel considers that the tests, conducted in compliance with international standards, showed that the Athlete has committed an anti-doping rule violation due to the presence of testosterone in his urine revealed exogenous administration of a prohibited substance.
Therefore the Court for Arbitration Panel decides on 14 March 2011:
1.) The appeal filed by Andrea Mangiante 28 July 2010 against the decision of the CONI National Anti-Doping Tribunal is dismissed.
2.) The decision of 5 July 2010 by the CONI National Anti-Doping Tribunal is confirmed.
3.) Andrea Mangiante is suspended for a period of two years, starting on 5 July 2010.