TAS 2022/A/9319 NADO Italia v. Jose Luis Palomino
In July 2022 the Procura Nazionale Antidoping (PNA), the Italian National Anti-Doping Prosecutor Office, reported an anti-doping rule violation against the football player Jose Luis Palomino after his A and B samples tested positive for the prohibited substance Clostebol.
On 22 November 2022 the Italian National Anti-Doping Tribunal decided not to impose any sanction on the Athlete because he was deemed not liable for the anti-doping rule violation.
Hereafter NADO Italia appealed the Tribunal decision with the Court of Arbitration for Sport (CAS). NADO Italia requested the Panel to set aside the Appealed Decision and to impose a sanction of 2 years on the Athlete.
The Athlete admitted the violation and denied the intentional use of the substance. He asserted that contamination from a vetinary medication had caused the positive test result.
The Athlete demonstrated with evidence that at the material time an unprescribed vetinary spray Veterabol had been used as treatment for his dog's injury. Analysis of the hair of his dog revealed the presence of Clostebol whereas he was not aware that this vetinary product contained a prohibited substance.
NADO Italia contended that the Athlete had acted negligently and failed to establish how the prohibited substance had entered his system. Moreover it deemed that there were inconsistencies in the explanation that the treatment of his dog with the vetinary spray had caused the positive test result.
The Panel assessed and addressed the evidence in this case and determines that:
- The Athlete had admitted the violation and accepted the test results.
- NADO Italia did not demonstrate with corroborating evidence that the Athlete acted intentionally
- NADO Italia did not present an alternative scenario on the source of the banned substance.
- The Clostebol entered the Athlete's system through contact with his dog.
- Only after the positive test the Athlete became aware that the vetinary spray used for his dog contained Clostebol.
Therefore the Court of Arbitration for Sport decides on 27 September 2023 to dismiss NADO Italia's appeal and to uphold the Appealed Decision.
