The lawyer of the four female athletes suspended for anti-doping rule violations rebutted the arguments of the World Anti-Doping Agency (WADA) when hearing resumed in the National Anti-Doping Appeal panel (NADAP) on Wednesday.
The lawyer, R.K. Anand, contended that the athletes had proved how the banned substance entered their body and they were also not negligent in taking the supplement provided by the foreign coach at the National camp at the NIS, Patiala.
The four athletes, Ashwini A.C., Sini Jose, Priyanka Panwar and Tiana Mary Thomas, were suspended for one-year each by the National Anti-Doping Disciplinary panel for steroid violations last December.
They appealed to the NADAP, headed by Justice C. K. Mahajan (retd.) for exoneration or reduction of their suspension period while the WADA sought enhancement of suspension to two years.
The WADA's contention was that the athletes had failed to prove how the banned substance entered the body and they were also negligent in consuming ginseng supplied by coach Yuriy Ogordonik.
Anand pointed out that the athletes had proved how the steroids entered their body. He argued that for the WADA counsel to now raise doubts about how the substance entered the body after the WADA had agreed in its appeal brief not to challenge the athletes' version regarding this point, at least at this stage, was pointless.
He dismissed arguments about only one athlete (Tiana), in this batch of four, having come ‘positive' for two steroids (methandienone and stanozolol) and the others for only one (methandienone) while laboratory tests showed both drugs being present in the ginseng submitted.
Anand said this could have happened because of the different metabolism of individual athletes and it would also depend on the half life (elimination time) of different drugs.
The lawyer did not agree with the WADA contention that the athletes would have consumed the three bottles of ginseng purchased by the coachfrom China within 30 days.
He said by implication the WADA was suggesting that the athletes would then have been forced to buy more ginseng from the local market to be able to use it up to the end of June last, leading to the ‘positive' results, which was not the case.
Anand termed the disclosure of the athletes to the Sports Authority of India (SAI) investigating team about the foreign coach having supplied the ginseng as “assistance” to an anti-doping authority that could attract further reduction in suspensions.
He said the athletes had willingly come forward to provide the supplements to the SAI team for testing and Priyanka had later (Aug 29) made available a sealed bottle of ginseng for testing.
He quoted from several judgements of the Court of Arbitration for Sport (CAS) to claim that many rulings were in favour of the Indian quarter-milers.
Justice Mahajan said that it was strange the WADA was not challenging the contention of the athletes as to how the substance entered their body at this point but at the same time wanted to retain its right to “revisit these factual issues later in these appeal proceedings or at any subsequent procedure before CAS (if necessary).”
The WADA also “encouraged” the athletes to furnish explanations for “certain elements” in their submissions. Justice Mahajan asked Anand to file a written submission on these aspects. The hearing will resume on February 29.
