Related cases:
- TJD-AD 2021-004 Disciplinary Decision - Swimming
May 6, 2021 - TJD-AD 2021-021 Disciplinary Decision - Swimming
October 1, 2021 - TJD-AD 2021-029 Appeal Decision - Swimming
December 16, 2021
In First Instance on 6 May 2021 a warming was imposed by the TJD-AD on the parathlete swimmer after he tested positive for the prohibited substance Ostarine.
Hereafter the Brazilian Doping Control Authority (ABCD) appealed the TJD-AD decision and requested the TJD-AD Appeal Tribunal to annul the Appealed Decision.
The Rapporteur establishes that in First Instance the TJD-AD Panel was divided about the sanction and that a majority voted for the imposition of a warning whereas faults in the proceedings had created a dubious decision.
At the hearing in First Instance the Arbitrator as Rapporteur advocated for the acquittal of the Athlete or alternatively for the imposition of a warning. Yet in the Appealed Decision was only mentioned his vote for a warning without remarks about the validity of the complaint and the acquittal or warning of the Athlete.
Because of the established failures the TJD-AD Appeal Panel concludes that the Appealed Decision is not accomplished in accordance with the stipulations of the Brazilian Anti-Doping Code (CDA). Therefore the TJD-AD Appeal Panel decides on 5 July 2021 to refer the case back to the TJD-AD Disciplinary Panel and to annul the parathlete's provisional suspension.
