LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Duty of care to establish no significant fault or negligence

Archit Uniyal ,
  17 June 2020       Share Bookmark

Court :

Brief :
The CAS held that Standard of proof of how the prohibited substance entered the athletes’ system couldn’t be established by either Kaur or Murmu. Hence the order of the Indian Anti-DopingDisciplinary Panel is set aside and both Kaur and Murmu are banned from contesting for 2 years.
Citation :
International Association of Athletics Federations vs Athletics Federation of India & Mandeep Kaur & Jauna Murmu Citation:CAS 2012/A/2732

Panel: Mr Mark Hovell (United Kingdom), Sole Arbitrator

Facts:

On 2 September 2010, the World Anti-Doping Agency (WADA)received information from a source that the athletes might be engaging in doping. TheInternational Association of Athletics Federations (IAAF) notified Mandeep Kaur & Jauna Murmu that they will be subjected to a doping test. The analysis of the sample was performed by the WADA accredited laboratory inNew Delhi who found that the athletes had consumed substance which was prohibited under the regulations of WADA.The case was transferred to the Indian Anti-Doping Disciplinary Panel(ADDP)who found the Athletes guilty of anti-doping rule violations. But the panel also said that the athletes had established “no significant fault ornegligence” and hence the panel reduced their suspension by 1 year. After the IAAF got to know of the decision they appealed to the Court of Arbitration for Sports (CAS).

Issue:

Can the sanction be reduced based on no significant fault or negligence?

Judgement:

The CAS held that Standard of proof of how the prohibited substance entered the athletes’ system couldn’t be established by either Kaur or Murmu. Hence the order of the Indian Anti-Doping Disciplinary Panel is set aside and both Kaur and Murmu are banned from contesting for 2 years.

 
"Loved reading this piece by Archit Uniyal?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"



Published in Others
Views : 608




Comments