Narsingh Pancham Yadav can consider himself very, very fortunate.
Few expected National Anti-Doping Agency’s (NADA) disciplinary panel to be lenient with the grappler from Mumbai.
But NADA have been benevolent in ruling in favour of the 26-year-old wrestler exonerating him—giving him the benefit of the doubt— by accepting his version of sabotage by a fellow competitor.
Section 10.4 of NADA’s Anti-Doping Rules (2015) states:
10.4 Elimination of the Period of Ineligibility where there is No Fault or
If an Athlete or other Person establishes in an individual case that he or she bears No Fault or Negligence, then the otherwise applicable period of Ineligibility shall be eliminated.
[Comment to Article 10.4: This Article and Article 10.5.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti-doping rule violation has occurred. They will only apply in exceptional circumstances, for example where an Athlete could prove that, despite all due care, he or she was sabotaged by a competitor.
Conversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabelled or contaminated vitamin or nutritional supplement
(Athletes are responsible for what they ingest (Article 2.1.1) and have been warned against the possibility of supplement contamination); (b) the Administration of a Prohibited Substance by the Athlete’s personal physician or trainer without disclosure to the Athlete
(Athletes are responsible for their choice of medical personnel and for advising medical personnel that they cannot be given any Prohibited Substance); and (c) sabotage of the Athlete’s food or drink by a spouse, coach or other Person within the Athlete’s circle of associates (Athletes are responsible for what they ingest and for the conduct of those Persons to whom they entrust access to their food and drink). However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a reduced sanction under Article 10.5 based on No Significant Fault or Negligence.]
Had Yadav been found guilty, he would have been banned for the full period of four years.
Yadav and his fellow wrestlers celebrated by partaking of sweets outside the agency’s office.
But it’s not all clear for Rio as yet.
Chander Shekhar Luthra of DNA writes:
“…World Anti-Doping Agency (WADA) has so far refused to bow down to allegations of ‘sabotage’, keeping in mind that such a decision could well cause an irreparable loss to the ‘battle against doping’ at the international level.”
A retired Nada official said:
“What if the entire Russia stand together and say there was a deep conspiracy against their 100 athletes? What if Maria Sharapova now cites the ‘conspiracy’ angle by her opponents in her case that is being heard by Court of Arbitration in Sport (CAS)?”
NADA’s rules state that appeals can be filed to both CAS and the National Anti-Doping Appeal Panel within a period of 21 days.
The latter’s unlikely—it would be tantamount to NADA challenging its own decision—but appeals can be made to CAS by WADA, the international Wrestling Federation United World Wrestling and the IOC; there exists no other apparent affected party in the above proceedings.
NADA lawyer Gaurang Kanth complained “he was not allowed to cross-examine Narsingh on the sabotage angle”.
Yadav had tested positive for the anabolic steroid — methandienone — in both his A and B samples.
NADA DG Naveen Agarwal read out the panel’s verdict:
“We kept in mind that in the past, till June 2, none of his samples were positive. It was inconceivable that one-time ingestion would be of benefit. Therefore the panel is of the view that the one-time ingestion was not intentional.”
Jitesh Kumar,the 17-year-old accused of spiking Yadav’s drinks is a trainee at Delhi’s Chhatrasal Stadium. Two-time Olympic medallist Sushil Kumar supervises the wrestlers there. An FIR has already been filed by Yadav at the Rai police station in Haryana.
- Russian national team to include 380 athletes at Rio Olympics – official(tass.ru)
- IOC: Unclear if doping lab ready before Rio Games(espn.go.com)
- WADA report shows tricks Russian athletes use to skip drug tests(newscientist.com)
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