Much has been made of the decision regarding the World Anti-Doping Agency’s (WADA) decision to appeal the verdict of the International Tennis Integrity Agency (ITIA) in the Jannik Sinner case to the Court of Arbitration for Sport (CAS).
Here’s what you need to know.
What is being appealed?
WADA seeks annulment of the ITIA’s decision, which found that Sinner committed two Anti-Doping Rule Violations for which he bore “No Fault or Negligence”. This meant that although he had a prohibited substance in his system, he was free to keep playing.
What was in Sinner’s system?
Clostebol, which is a form of steroid banned by WADA. The US considers it to be a "weak steroid" that can be used with a prescription.
Tests show that Sinner had one billionth of one gram in his system.
What is being argued?
No one is arguing about the presence of Clostebol in his system; the contentious issue is that WADA does not agree with the "No Fault or Negligence" finding.
CAS will argue that the ITIA made a legal error in applying the "No Fault or Negligence" provision, which allowed Sinner to continue playing tennis.
Click here to watch live tennis on Stan Sport.
Why is this important?
The reason this is relevant is that Article 10.5 of the WADA Code provides that if an athlete establishes in an individual case that he or she bears No Fault or Negligence, then the otherwise applicable period of ineligibility shall be eliminated (meaning he won’t miss any competitive tennis).
The use of the word "shall" in Article 10.5 is critical and means that there is no discretion to punish Sinner if he can satisfy the "No Fault or Negligence" threshold.
In proving that there was "No Fault or Negligence", Sinner established to the satisfaction of the ITIA, on the balance of probabilities, that he did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he had been administered Clostebol.
WADA, on the other hand, disagrees with this finding and will argue before the CAS that Sinner ought to have known or suspected with the exercise of utmost caution that his trainer was rubbing Clostebol into his skin.
What facts are relevant?
For the CAS to determine whether Sinner meets the No Fault or Negligence threshold, there are a few relevant considerations.
Firstly, Clostebol is a substance that is found in an over-the-counter spray in Italy used to treat cuts and scrapes, legally purchased by Sinner’s trainer. This aids Sinner’s case in that it counters any suggestion of an illegally purchased substance used with intent to cheat the system.
Secondly, Clostebol was apparently not applied to Sinner directly. Sinner has proven to the ITIA that his fitness trainer purchased the spray in Italy and gave it to his physiotherapist for a cut on his finger. The physiotherapist then treated Sinner while not wearing gloves. Sinner will argue this helps his case. WADA will say it's a red herring.
Thirdly, Clostebol is not an unknown substance. Because it can be found in Italian over-the-counter medication, it pops up regularly in the anti-doping world. This hurts Sinner’s case, but he will argue this is irrelevant and could not have suspected his trainer had used that particular spray before treating him. WADA will argue otherwise.
When will we know the outcome?
Sinner’s trial is set for April 16 and 17 this year, the week before the Madrid Masters and five weeks before Roland Garros.
Depending on the complexity of the arguments put forward, a decision could take up to eight weeks to be handed down; although realistically this is like asking how long is a piece of string. It could also arrive in a matter of days.
How long can Sinner be suspended?
Up to two years; but it could be less. Many pundits expect that if Sinner is to be suspended, the length of the suspension will be between three to six months.
Although these predictions are akin to selecting the winner of this Australian Open without seeing the draw, we need to hear the arguments presented before we can predict the winner.
Brighton Sports is the one-stop shop for all things tennis and squash in Melbourne's Bayside region. Leading brands supported by expert knowledge and a business that puts back into the tennis community. Visit: www.brightonsports.com.au
Comments