Related cases:
- TJD-AD 2023-004 Disciplinary Decision - Basketball
August 22, 2023 - TJD-AD 2024-005 Appeal Decision - Basketball
February 21, 2024 - TJD-AD 2024-008 Appeal Decision - Basketball
April 18, 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 more reduced sanction.
Hereafter both the Brazilian Doping Control Authority (ABCD) and the Athlete appealed the Decision with the TJD-AD Appeal Panel. ABCD requested for a more severe sanction, whereas the Athlete sought a more reduced sanction.
ABCD contended that in first instance the Panel had erroneously assessed the Athlete's conduct and his degree of fault. The Athlete asserted that there had been substantial delays in the proceedings and that the sanction must start on the date of the sample collection.
The Appeal Panel determines that the Athlete was an experienced high level basketball player and that he acted with Significant Fault or Negligence with his supplements. Consequently the Panel finds that the imposition of a more severe sanction is justified.
Therefore the TJD-AD Appeal Panel decides on 6 December 2023 by majority to set aside the Appealed Decision, to dismiss the Athlete's appeal and to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension.
