BRAZILIAN CIELO CLEARED BY CAS TO DEFEND WORLD TITLES
The Court of Arbitration for Sport (CAS) dismissed the appeals filed by FINA against Cielo and his Brazilian team mates Henrique Barbosa and Nicolas Dos Santos but upheld an appeal by FINA against Vinicus Waked and sanctioned the athlete to a one-year suspension.
After returning a postive test to the "specified substance" Furosemide, on July 1, 2011 the Brazilian Swimming Federation (CBDA) sanctioned each of the four swimmers with a warning.
Cielo, Barbosa and Dos Santos all argued that the source of the Furosemide was a contamination of a caffeine supplement that they were regularly using upon prescription.
The CAS Panel was chaired by former NRL Judiciary boss, Sydney-based Barrister Alan Sullivan QC and included Olivier Carrard (Switzerland) and Jeffrey Benz (USA).
British Olympian and six-time FINA World Short Course Champion Mark Foster echoed the sentiments of many when he said: "I reckon every athlete is responsible for what they put in their body and making sure it's clean. I doubt we have heard the last of this."
Although in this instance CAS is the last port of call in the appeals process. Things are certain to be somewhat tense on the pool deck for the emotionally charged Cielo, who has always been a popular figure in the world of sprint swimming.
Here is the The Court of Arbitration for Sport (CAS) official press release :
Lausanne, 21 July 2011 - The Court of Arbitration for Sport (CAS) has rendered its decisions in the following cases concerning four Brazilian swimmers:
FINA v. Cesar Cielo & CBDA, FINA v. Nicholas dos Santos & CBDA, FINA v. Henrique Barbosa & CBDA, FINA v. Vinicus Waked & CBDA
Following a positive anti-doping control for the "specified substance" Furosemide, on 1 July 2011 the Brazilian Swimming Federation (CBDA) sanctioned each of the four swimmers with a warning. On 7 July 2011, the International Swimming Federation (FINA) filed appeals against such decisions requesting the CAS to impose an effective period of ineligibility on the athletes (3 months against Cielo, dos Santos and Barbosa, and 1 year against Waked).
With the agreement of all the parties concerned, the CAS conducted an expedited procedure and held a hearing in Shanghai on 20 July 2011 in the presence of the parties, their representatives and witnesses.
The CAS Panel composed of Alan Sullivan QC (Australia) President, Olivier Carrard (Switzerland) and Jeffrey Benz (USA) decided to dismiss the appeals filed by FINA against Cesar Cielo, Henrique Barbosa and Nicolas Dos Santos and to confirm the CBDA's decision concerning them. The Panel upheld the appeal by FINA against Vinicus Waked and sanctioned the athlete with a one-year suspension, as a result of a second doping offence (Vinicus Waked was already sanctioned on 4 February 2010 with a two-month suspension following a positive test for a specified substance).
For their defence, the athletes have argued that the source of the Furosemide was a contamination of a caffeine supplement that they were regularly using upon prescription.
The CAS Panel will issue the full awards, with the grounds, in a few weeks.