The World Anti-Doping Agency (WADA) has reiterated its view that the decision to clear Jannik Sinner of wrongdoing after he failed two anti-doping tests was not correct under current rules.
The organization has filed an appeal to the Court of Arbitration for Sport (CAS) against a decision made by a independent tribunal convened by Sport Resolutions that was published by the International Tennis Integrity Agency (ITIA). Last year Sinner twice tested positive for the steroid clostebol. He was cleared of wrongdoing by the tribunal who concluded he had no fault or negligence following an investigation which was conducted by an independent panel. It was accepted that he was accidentally contaminated after being treated by a former physio who was using a spray on his hand that contained the banned substance.
However, WADA argues that the finding of no fault or negligence is ‘not correct under the applicable rules.’ They are seeking a ban of up to two years on the viewpoint that Sinner had a degree of responsibility in ensuring that his team wasn’t using prohibited substances.
“As we stated in September, Wada believes that the finding of ‘no fault or negligence’ was not correct under the current rules, and is seeking a suspension period of between one and two years. Wada is not seeking the cancellation of any findings, other than those already imposed at first instance. As the matter is now pending before the CAS, Wada will not comment further,” a WADA spokesperson told La Stampa earlier this week.
It is the first time the WADA has filed an appeal to the CAS regarding a decision made by an tribunal for the ITIA. They believe that it is essential for strict liability to be implemented when it comes to fairness in sports. Whilst Sinner wasn’t the person using a spray that contained clostebol, the argument is that he has a responsibility as he is in charge of hiring the person who did use it.
“Without commenting on any particular case, I would say that the principle of strict liability is of fundamental importance to upholding fairness in sport,” WADA commented.
“Without it, there would be no anti-doping and drug users would win. If an athlete who tests positive for a prohibited substance did not have to explain where it came from, or how it entered his system, it would be all too easy for those who cheated to escape significant sanctions.”
Professor Professor David Cowan was one of three independent experts who took part in the ITIA’s investigation into Sinner’s doping violation. He concluded that the Trofodermin Spray containing 5mg/mL Clostebol Acetat would not have had ‘any relevant doping, or performance enhancing, effect upon the Player’ due to the low amount of the substance.
As for the issue of contamination with low-dose substances, WADA says they are currently looking into the area with the help of The Contaminants Working Group which it has set up.
“This is a complex and nuanced area, and WADA always strives to find the right balance between the well-being of athletes and the need for clean sport,” they said.
“I can confirm that the rules relating to contamination are being examined as part of the ongoing review of the World Anti-Doping Code. However, at this stage, it is not possible to say which rules, if any, could be changed.”
Sinner has always denied deliberately taking a banned substance. After defending his title at the Australian Open last month, the Italian told reporters he has ‘a clear mind’ and wouldn’t have been able to compete at his best if he didn’t.
“I keep playing like this because I have a clear mind on what happened,” said Sinner.
“If I know if I would be guilty, I would not play like this, and that’s it.
“I just came off an amazing run again here. I want to enjoy this moment.”
Sinner’s case will be heard by CAS from 16-17 April which is a month before the French Open.
