LAUSANNE, Switzerland, August 25. IT was a busy day for FINA as it announced four separate FINA Doping Panel decisions today. Each of the decisions have shown some levels of leniency compared to just a few years ago when any sort of antidoping infraction was assumed to carry a two-year automatic suspension.
Daynara de Paula (BRA)
On 26 and 27 March 2010, the Brazilian swimmer Daynara de Paula was tested positive twice to the substance Furosemide (Class S.5 Diuretics and Other Masking Agents) with the occasion of the IX Juegos Suramericanos – Medellin 2010.
The FINA Doping Panel is of the opinion that the athlete has established according to DC 10.4 how the specified substance entered the body (after taking legally allowed supplement which apparently had been contaminated in the production process), without the intent of enhancing sport performance.
Although the athlete has proved to be of good will she has not undertaken enough enquiries on the supplement, in the light of the strict liability of the athlete.
Based on these circumstances, the FINA Doping Panel has decided to impose a period of 6 months ineligibility, starting 20 August 2010.
All costs of this case shall be borne by the Brazilian Swimming Federation in accordance with DC 12.2.
Ryan Napoleon (AUS)
The Australian swimmer Ryan Napoleon was tested positive to the substance Formoterol (Class S.3 Beta-2 Agonists) on 16 November 2009.
According to DC 10.4, during the hearing of the Doping Panel it has been sufficiently established how the substance Formoterol entered the body of the athlete due to the use of an inhaler wrongly labelled by a pharmacist.
It is clear that the swimmer had no intention of enhancing his sports performances.
The Doping Panel underlines the responsibility of the athlete to check his medicine (in this case for asthma).
The Doping Panel took into consideration the degree of negligence and decided to apply a 3 months period of ineligibility starting from 20 august 2010.
All costs of this case shall be borne by Swimming Australia in accordance with DC 12.2.
Sergio Garcia Ortiz (ESP)
On August 20th, 2010, the FINA Doping Panel held a hearing in regard to
the case of Mr. Sergio Garcia Ortiz (ESP) for alleged violation of FINA DC Rule 2.4 – a combination of three filing failures within an eighteen-month period.
The FINA Doping Panel, after judging the personal circumstances of the athlete, has decided according to FINA Rules DC 10.3.3 a period of one (1) year ineligibility, starting on August 20th, 2010.
All costs of this case shall be borne by the Royal Spanish Swimming Federation in accordance with DC 12.2.
Matthew Zammit (MLT)
On May 1st, 2010, a water polo player Matthew Zammit (MLT) was tested positive to the substance Stanozolol (Class S.1 Anabolic Agent) following a doping control test conducted with the occasion of the Men's Qualification Tournament for the 2010 European Water Polo Championships.
The FINA Doping Panel held a hearing on August 20th, 2010 in Lausanne(SUI) in regard to this case. The FINA Doping Panel found that the athlete committed fault and negligence by taking allegedly unknown pills from personal trainer.
In the light of the strict liability of the athlete, the FINA Doping Panel has decided that Mr. Matthew Zammit (MLT) shall be ineligible for two (2) years after the violation of the FINA Rules DC 2.1 starting from the date of the provisional suspension that is June 22nd, 2010.
All costs of this case shall be borne by the Aquatic Sports Association of Malta in accordance with DC 12.2.