CAS 2016_A_4694 Daniel Jonás Gurtner Morales vs Agencia Nacional Antidopaje de Guatemala & Asociación de Golf de Guatemala
On 9 June 2016 the National Anti-Doping Agency Guatemala (ANADO-GUA) decided to impose a 2 year period of ineligibility on the golf player after his A and B samples tested positive for the prohibited substance Clostebol.
Hereafter in June 2016 appealed the ANADO-GUA decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to annul the Appealed Decision.
The Athlete argued that during the preliminary proceedings and during the Doping Control there had been several failures:
- Delay in the procedure regarding the preliminary hearing;
- Partiality of the ANADO-GUA Panel in first instance;
- The Doping Control Officer was not authorised;
- No proper notification about the sample collection;
- No communication that he could be accompanied by a representative;
- Significant departures of the ISTI during sample collection and chain of custody.
The Panel assessed and addressed the evidence and the Parties' arguments and determines that:
- There had been various procedural failures in first instance;
- The ANADO-GUA Panel acted impartial;
- There had been several proven departures of the ISTI and the Athlete's privacy during Doping Control;
- There is uncertainty of the location and custordy of the samples for 10 days;
- The established departures of the ISTI possibly could have caused the adverse analytical finding.
Therefore the Court of Arbitration for Sport decides on 18 April 2017 that:
- The Athlete's appeal is admissible;
- The Appealed Decision is set aside;
- The impose sanction of 2 years is annulled.
