CAS 2022/A/8970 World Anti-Doping Agency (WADA) v. Slovenian Anti-Doping Organisation (SLOADO) & Dejan Mlakar
On 11 January 2022 the Disciplinary Board of the Slovenian Anti-Doping Organisation (SLOADO) decided to impose a 6 month period of ineligibility on the basketball player for the prohibited substance Dehydrochlormethyltestosterone. Thereupon the SLOADO Appeals Body decided on 20 April 2022 to impose a 2 year period of ineligibility on the Athlete.
Hereafter the World Anti-Doping Agency (WADA) appealed the SLOADO Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a sanction of 4 years on the Athlete.
WADA contended that the Athlete failed to demonstrate that the violation was not intentional, nor the source of the prohibited substance. Neither had he demonstated that he had purchased and consumed the 27 supplements in question, nor that these supplements were contaminated.
The Sole Arbitrator assessed and addressed the evidence in this case and determines that:
- The presence of a prohibited substance has been established in the Athlete's sample.
- The Athlete committed an anti-doping rule violation.
- He failed to establish that the violation was not intentional, nor the source of the prohibited substance.
- Without corroborating evidence his contamination theory is pure speculation.
- He acted recklessly with his use of at least 27 supplements without any approprate checks or consultations.
- There are nog grounds for a reduced sanction.
Therefore The Court of Arbitration for Sport rules that:
1.) The appeal filed by World Anti-Doping Agency on 14 June 2020 against the decision rendered by the Appeals Body of the Slovenian Anti-Doping Organisation on 20 April 2022 is upheld.
2.) The decision rendered by the Appeals Body of the Slovenian Anti-Doping Organisation on 20 April 2022 is set aside.
3.) Mr Dejan Mlakar is found to have committed an anti-doping rule violation pursuant to Articles 7.1 and 7.2 of the Anti-Doping Rules of the Slovenian Anti-Doping Organisation. Mr Dejan Mlakar is sanctioned with a four-year period of ineligibility starting on the date on which the CAS Appeals Arbitration Division award enters into force. Any period of provisional suspension and/or ineligibility effectively served by Mr Dejan Mlakar before the entry into force of the CAS Appeals Arbitration Division award shall be credited against the total period of ineligibility to be served. All competitive results obtained by Mr Dejan Mlakar from and including 13 August 2021 until the date set forth below are disqualified, with all resulting consequences (including forfeiture of medals, points and prizes).
4.) (…).
5.) (…).
6.) All other motions or prayers for relief are dismissed.
