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2007 Powerlifting Doping Dismissed English Appeal Procedure

Parties & Representatives

Appellant: Audunn Jonsson
Appellant Representative: Stefan Karl Kristjansson
Respondent Representative: Karlheinz Demel

Arbitrators

President: Conny Jörneklint

Decision Information

Decision Date: December 21, 2007

Case Summary

The case revolves around Audunn Jónsson, an Icelandic powerlifter sanctioned by the International Powerlifting Federation (IPF) for a doping violation during the 2006 World Championships in Stavanger, Norway. On November 8, 2006, Jónsson underwent an out-of-competition test, which revealed the presence of metandienone, a banned substance, in both his A and B samples. Jónsson contested the validity of the test, citing procedural irregularities such as the conduct of the test by a single official instead of two and the failure of the Doping Control Officer (DCO) to present proper identification. The Court of Arbitration for Sport (CAS) panel examined these claims, clarifying that the test was correctly classified as out-of-competition since it occurred before his weight class competition began. The panel also addressed procedural departures, noting that minor technical breaches, like the absence of a second official or lack of proper identification, do not automatically invalidate test results unless they directly affect the outcome. The IPF demonstrated that these departures did not influence the adverse analytical finding.

Jónsson further argued bias in the IPF’s doping hearing panel, particularly because the DCO, Anton Speth, was also a member of the IPF Doping Hearing Panel. The CAS panel acknowledged the impropriety of this arrangement but emphasized its authority to conduct a de novo review, ensuring impartiality by independently evaluating all facts and legal issues. Jónsson failed to provide any explanation for the presence of the banned substance or challenge the laboratory’s adherence to procedural standards. The panel upheld the doping violation, affirming the IPF’s decision to impose a two-year suspension. The ruling reinforced the principle of strict liability, holding athletes responsible for prohibited substances in their systems unless they can demonstrate procedural errors that materially affected the test results.

The case also highlighted jurisdictional and procedural complexities, including the classification of in-competition versus out-of-competition testing and the requirements for sample collection personnel. The panel dismissed Jónsson’s claims regarding the independence of the hearing body, noting that while the appointment of Speth as DCO was questionable, it did not compromise the integrity of the test results. The laboratory’s findings were presumed valid, and Jónsson’s failure to rebut this presumption or provide mitigating evidence under Article 10.5 of the Anti-Doping Rules solidified the sanction. The CAS panel ultimately dismissed Jónsson’s appeal, upholding the two-year suspension effective from November 8, 2006, and denying all other requests for relief. The case underscores the stringent application of anti-doping regulations and the high burden on athletes to contest findings or prove mitigating circumstances.

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