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Burden of proof regarding the athlete's lack of intent involving the use of a non-specified substance

Archit Uniyal ,
  15 June 2020       Share Bookmark

Court :

Brief :
The CAS upheld the appeal filed by WADA and set aside the decision of NADA Anti-Doping Disciplinary Panel. They confirmed that Mhaskar Meghali has committed an Anti-Doping Rule Violation as the athlete was just guessing how the substance must have entered her body and she couldn’t establish that she bears no significant fault or negligence.
Citation :
Citation: CAS 2016/A/4626

World Anti-Doping Agency (WADA) v. Indian National Antidoping Agency (NADA) & Mhaskar Meghali

Panel: Mr Mark Hovell (United Kingdom), Sole Arbitrator

Citation :CAS 2016/A/4626

Facts:

On January 14, 2015, the blood sample of Mhaskar Meghali was analysed by the WADA-accredited National Anti-Doping Laboratory of New Delhi which revealed the presence of a substance prohibited under the rules of World Anti-Doping Agency (WADA). The Athlete during the proceedings before the Anti-Doping Disciplinary Panel (ADDP) said that she didn’t dope and those were medications prescribed to her while she had a knee injury. The ADDP believed that the doping was done unintentionally and that Meghali did not bear significant fault or negligence. Therefore, a year ban was imposed on her. WADA challenged this decision to the Court of Arbitration for Sports (CAS).

Issue:

Can the sanction be reduced if the athlete cannot explain how the prohibited substance entered her system?

Judgement:

The CAS upheld the appeal filed by WADA and set aside the decision of NADA Anti-Doping Disciplinary Panel. They confirmed that Mhaskar Meghali has committed an Anti-Doping Rule Violation as the athlete was just guessing how the substance must have entered her body and she couldn’t establishthat she bears no significant fault or negligence.

 
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