10 Nov 2020
CAS 2020/A/6978 Andrea Iannone v. FIM
CAS 2020/A/7068 WADA v. FIM and Andrea Iannone
On 31 March 2020 the Disciplinary Court of the International Motorcycling Federation (FIM) decided to impose a reduced 18 month period of ineligibility on the Italian motorcycle racer Andrea Iannone after he tested positive for the prohibited substance Drostanolon.
Here the Disciplinary Court accepted that the positive test was the result of contaminated meat he had ingested in Malaysia prior to the 2019 Sepang FIM World Championship MotoGP.
Hereafter the Athlete, in April 2020, and WADA, in May 2020, appealed the FIM Decision with the Court of Arbitration for Sport (CAS).
Both parties seeked to set aside the FIM Decision of 31 March 2020: the Athlete requested the Panel for a further reduced sanction while WADA requested the Panel for the imposition of a 4 year period of ineligibility.
The Athlete asserted, supported by expert witnesses, that there are grounds for No Fault or Negligence to impose a further reduced sanction. He argued that the violation was not intentional; the source of the prohibited substance was contaminated meat; he was tested before without issues; he voluntarily underwent a hair test; and he made any possible and reasonable efforts to prevent the contested anti-doping violation.
FIM supported the Athlete’s assertations that the violation was not intentional and that he demonstrated on a balance of probability that the presence of Drostanolone was the result of his consumption of contaminated meat.
WADA contended that the Athlete failed to establish on the balance of probability that the origin of the prohibited substance was contaminated meat, nor did he demonstrate that there are grounds to reduce the sanction.
The Panel deems that the Athlete failed to establish neither the precise type of meat he had consumed nor the origin of the meat in question. It finds that the Athlete nor his expert witnesses were able to establish specifically that there was an issue of meat contamination by Drostanolone in Malaysia.
The Panel concludes that the Athlete has not established on a balance of probabilities that the violation was not intentional and thus it upholds WADA’s Appeal and sets aside the FIM Decision of 31 March 2020.
Therefore the Court of Arbitration for Sport decides on 10 November 2020 that:
1.) The appeal filed by Mr. Iannone on 21 April 2020 against the decision rendered by the International Disciplinary Court of the Fédération Internationale de Motocyclisme dated 31 March 2020 is rejected.
2.) The appeal filed by WADA on 12 May 2020 against the decision rendered by the International Disciplinary Court of the Fédération Internationale de Motocyclisme dated 31 March 2020 is upheld.
3.) The decision rendered by the International Disciplinary Court of the Fédération Internationale de Motocyclisme dated 31 March 2020 is set aside.
4.) Mr. Iannone is sanctioned with a period of ineligibility of four years commencing on 17 December 2019.
5.) All competitive results obtained by Mr. Iannone within from and including 1 November 2019 through the commencement of his suspension are disqualified, with all resulting consequences, including forfeiture of any medals, points and prizes.
9.) All other or further requests or motions for relief are dismissed.