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2014 Wushu Doping Dismissed English Ad hoc Procedure

Parties & Representatives

Arbitrators

Decision Information

Decision Date: October 2, 2014

Case Summary

The case involves Malaysian wushu athlete Tai Cheau Xuen, who appealed a decision by the Olympic Council of Asia (OCA) after testing positive for the prohibited substance Sibutramine during the XVII Asian Games in 2014. Following her gold medal win in the women’s nanquan and nandao all-round event, her urine sample was collected and transported to the Doping Control Command Centre (DCCC) within a few hours, then to the Korea Institute of Science and Technology (KIST) the next day, taking approximately 16 hours in total. Both the A and B samples confirmed the presence of Sibutramine, leading the OCA Disciplinary Committee to disqualify her, annul her results, and withdraw her medal.

Tai Cheau Xuen contested the decision, arguing that the 16-hour transportation delay violated the International Standard for Testing (IST) and raised concerns about discrepancies in the chain of custody forms. The OCA countered that the delay did not invalidate the results, as there was no evidence of tampering, and the IST only requires samples to be transported "as soon as practicable." The athlete then appealed to the Court of Arbitration for Sport (CAS) Ad Hoc Division, seeking reinstatement of her medal and recognition of Malaysia’s medal tally.

The CAS panel, composed of arbitrators from Papua New Guinea, South Korea, and Vietnam, reviewed the case and found no strict time limit for sample transportation in the OCA Anti-Doping Rules or IST. They determined the 16-hour period was reasonable given logistical circumstances and did not compromise the sample’s integrity. Since the athlete failed to prove that the delay materially affected the test results, the panel upheld the OCA’s decision, dismissing her appeal. The ruling emphasized the principle of strict liability in anti-doping cases, where athletes are responsible for prohibited substances in their bodies regardless of intent, and underscored that procedural deviations must significantly impact outcomes to invalidate results.

The case highlights the balance between enforcing anti-doping regulations and acknowledging practical challenges in sample handling. The CAS panel’s decision reaffirmed the importance of adhering to established protocols while recognizing that minor logistical delays, without evidence of tampering or compromise, do not automatically invalidate test results. The athlete’s disqualification and medal withdrawal were upheld, reinforcing the stringent standards applied in anti-doping enforcement.

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