Related cases:
- TJD-AD 2023-004 Disciplinary Decision - Volleyball
August 3, 2023 - TJD-AD 2023-012 Appeal Decision - Volleyball
October 4, 2023 - TJD-AD 2024-016 Appeal Decision - Volleyball
August 12, 2024
On 3 August 2023 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD Panel) decided in first instance to impose a 2 year period of ineligibility on the Parathlete after his sample tested positive for Cocaine in a high concentration above the WADA threshold.
The Brazilian Doping Control Authority (ABCD) concluded that the Parathlete's use occurred during the competition period and was related to sport performance. Moreover the Athlete failed to demonstrate that the violation was not intentional.
Hereafter the Brazilian Doping Control Authority (ABCD) and the prosecution appealed this decision because in first instance the hearing occurred without the representation of counsel. Accordingly the TJD-AD Appeal Panel decided on 4 October 2023 to annul the Appealed Decision and to refer the case back to the first instance Tribunal.
Following referral to the TJD-AD the Parathlete filed a statement in his defence. He admitted the recreational use of Cocaine as substance of abuse and accordingly requested for a reduced sanction of 3 months.
Again the Rapporteur finds that the presence of Cocaine had been established in the Parathlete's sample and accordingly that he committed an anti-doping rule violation.
The Rapporteur deems that the Athlete failed to demonstrate that the violation was not intentional. However he considers that the Parathlete had admitted the violation and that there had been substantial delays in the proceedings not attributed to the Athlete.
Therefore the TJD-AD Panel decides on 2 April 2024 again to impose a 2 year period of ineligibility on the Parathlete, starting on the date of the sample collection, i.e. on 10 December 2022.
