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July 3, 2024
In January 2023 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the basketball player after his sample tested positive for the prohibited substances Furosemide, Hydrochlorothiazide and Sibutramine.
Following notification the Athlete accepted the test result en denied the intentional use of the substances. He asserted that he checked the products he used and believed that a contaminated supplement was the source of the positive test.
Hereafter analysis of the Athlete's supplement in the Rio Laboratory confirmed the presence of the prohibited substances in an open and sealed bottle. Also was determined that the Athlete's use of this supplement was consistent with the concentration found in his sample.
ABCD accepted that the violation was not intentional, whereas the Athlete sought an acceptance of sanction of 10 months. Because WADA did not approve such a sanction ABCD proposed a sanction of 14 months.
Thereupon in June 2023 a provisional suspension was ordered and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD). The Prosecution requested the Panel to sanction the Athlete for 4 years when the violation was deemed committed intentionally.
The Rapporteur finds that the presence of the prohibited substances have been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
In view of the evidence the Rapporteur determines that the violation was not intentional and that the Athlete has demonstrated that a contaminated supplement was the source of the positive test. Accordingly he finds that there are grounds for a reduced sanction.
The Panel assessed the evidence and the Athlete's conduct in this case. Within the Panel there were dissenting opinions about the length of the reduced sanction considering the Athlete's degree of fault or negligence.
Therefore the TJD-AD Panel decides on 22 August 2023 by majority to impose an 8 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 30 June 2023.
