Lausanne, 5 May 2014 - The Court of
Arbitration for Sport (CAS) has issued its decision in an arbitration brought
by the Jamaican 400m-runner Dominique Blake against the Jamaica Anti- Doping
Commission (JADCO). The CAS has upheld in part the appeal filed by Dominique
Blake and has decided to reduce her period of ineligibility from 6 years to 4
years and 6 months with retroactive effect as of 1 July 2012.
On 1 July 2012, the athlete participated
in the National Senior Championships in the 400m. She underwent a doping
control, and the A sample revealed the presence of methylhexanamine(MHA). She
admitted the charge, asserting that she took Neurocore, which contains geranium
(the alleged source of the MHA), on the date of the competition. She further asserted
that she did not intend to enhance her sport performance or to make use of a
prohibited substance while ingesting
Neurocore. JADCO, however,
disputed the athlete’s
intent. After an
internal procedure, the Jamaica Anti-Doping Appeals Tribunal (JADAT)
sanctioned the athlete with a 6-year ban
as of 24
July 2012, taking into account
the existence of a first
doping offence committed in 2006.
The CAS Panel in charge of this matter
found that the athlete did not produce any corroborating evidence in addition
to her word that she did not intend to enhance her sport performance: she stated
that she ingested the stimulant one hour before the race but that she
specifically took Neurocore to help her recover from practice. Moreover, she
failed to disclose Neurocore on her doping control form despite taking the
products for at least two weeks prior to her doping control. For the same
reasons, the athlete has failed to establish that she bears no significant
fault or negligence.
To the contrary, there is significant
evidence warning athletes as to the risk of presence of a specified substance
in Neurocore. As the athlete had been already suspended for 9 months (reduced
sanction) for a first doping offence, the relevant range for the calculation of
the new period of ineligibility was 4-6 years. The 6-year sanction imposed by
the JADAT was deemed to severe for the CAS Panel. In view of some mitigating
factors, the CAS Panel determined that the appropriate sanction should be 4
years and 6 months. Therefore, the starting point of such period of
ineligibility is the date of the sample collection, 1 July 2012.
The full arbitral award, with the
grounds, will be published in a few days.
Source: TAS-CAS press release
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