Related cases:
- TJD-AD 2023-004 Disciplinary Decision - Basketball
August 22, 2023 - TJD-AD 2023-018 Appeal Decision - Basketball
December 6, 2023 - TJD-AD 2024-005 Appeal Decision - Basketball
February 21, 2024 - TJD-AD 2024-015 Appeal Decision - Basketball
July 3, 2024
On 22 August 2023 the Panel of the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided by majority to impose an 8 month period of ineligibility on the basketball player after his tested tested positive for the prohibited substances Furosemide, Hydrochlorothiazide and Sibutramine.
In this case the Athlete demonstrated that a contaminated supplement was the source of the positive test. Despite dissenting opinions the Panel deemed that there were grounds for a reduced sanction.
Thereupon both the Brazilian Doping Control Authority (ABCD) and the Athlete appealed with the TJD-AD Appeal Panel. As a result the Appeal Panel decided on 6 December 2023 by majority to impose a 2 year period of ineligibility on the Athlete.
In this Appeal the Athlete's request to start the sanction on the date of the sample collection was dismissed by the Appeal Panel. Moreover the Athlete did not receive a clarification about this rejection from the TJD-AD.
Hereafter the Athlete requested the TJD-AD for an injunction in this matter. He asserted that the Appeal Panel's decision was unfounded due to lack of clarification.
The TJD-AD Panel determined that the Athlete's injunction was admissible and agrees that the lack of clarification in this matter could infringe the Brazilian Anti-Doping Code. Therefore the TJD-AD Panel decided by majority on 21 February 2024 to refer back this case to the previous Appeal Panel for consideration.
Following the referral the Appeal Panel again determines that the Athlete had acted with Significant Fault or Negligence with his supplements whereas he was an experienced high level basketball player. Accordingly there are no grounds for rendering a clarification in this matter.
Therefore the TJD-AD Appeal Panel decides on 18 April 2024 to dismiss the Athlete's appeal.
