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2005 Paralympic sport / Sport paralympique Doping Upheld English Appeal Procedure

Parties & Representatives

Appellant Representative: Olivier Niggli
Respondent: Coetzee Wium
Respondent Representative: Antoine Eigenmann

Arbitrators

President: Michael Geistlinger

Decision Information

Decision Date: November 25, 2005

Case Summary

The case revolves around an anti-doping dispute involving South African paralympic powerlifter Coetzee Wium and the World Anti-Doping Agency (WADA), adjudicated by the Court of Arbitration for Sport (CAS). The dispute stemmed from an out-of-competition doping test conducted on December 13, 2004, which revealed an adverse analytical finding for testosterone, with a testosterone-to-epitestosterone (T/E) ratio significantly exceeding the WADA threshold. Wium contested the results, citing procedural irregularities during sample collection, transportation, and testing, including a delay in sample retrieval and improper storage conditions. The CAS panel examined whether these deviations cast sufficient doubt on the reliability of the test results and whether they could have caused the adverse finding. The panel emphasized that if an athlete establishes such departures, the burden shifts to the anti-doping organization to prove they did not affect the result, applying the standard of "comfortable satisfaction," which lies between a balance of probability and proof beyond a reasonable doubt.

Key procedural irregularities included the Doping Control Officer (DCO) forgetting the samples at the testing site, leading to a 45-minute delay before retrieval, and discrepancies in chain-of-custody documentation. Wium argued that the delay and exposure to high ambient temperatures could have altered the urine sample, skewing the T/E ratio. However, WADA's Science Director testified that ambient temperature storage would not significantly affect the testosterone ratio, and Isotope Ratio Mass Spectrometry (IRMS) testing confirmed the exogenous origin of the testosterone. The CAS panel acknowledged the procedural flaws but found no evidence that they caused the adverse finding, upholding the doping violation.

The case also addressed the International Paralympic Committee's (IPC) initial decision to impose a two-year ban, which was later overturned due to perceived significant departures from testing standards. WADA appealed this reversal to CAS, seeking reinstatement of the ban. The panel ruled in favor of WADA, imposing a two-year ineligibility period on Wium, effective from the decision date, with credit given for the provisional suspension period from December 13, 2004, to May 2, 2005. All competitive results from December 13, 2004, were disqualified, including forfeiture of medals, points, and prizes. The panel rejected Wium's arguments that bacterial contamination or procedural errors invalidated the results, emphasizing the integrity of the IRMS analysis and the absence of evidence linking the irregularities to the adverse finding.

The decision underscores the importance of strict adherence to doping control procedures while recognizing that not all deviations invalidate test results. It reinforces the principle that anti-doping authorities must demonstrate procedural flaws did not compromise findings, ensuring fairness in adjudications. The ruling aligns with established CAS jurisprudence and the IPC Anti-Doping Code, maintaining the integrity of competitive sports by upholding sanctions for violations. The case highlights the rigorous standards applied in anti-doping cases and the consequences of non-compliance, including disqualification of results and forfeiture of awards.

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