Davide Rebellin appeal rejeceted by CAS


The Italian road racer cyclist had his appeal rejected by the CAS on friday. Rebellin tested positive for CERA during the 2008 Beijing Summer Olympic Games.

 

Rebellin, who got second in the Road Race competition at the Summer Olympic Games in Beijing in 2008. After the race the racer was selected to a doping control. The A sample was tested during the Olympic Games by the WADA Accreditated Laboratory in the Chinece Capital for Recombinant Human Growth Hormone. This test did not result in any adverse analytical finding at the time. The International Olympic Committee (IOC) decided in January 2009 to perform further testing on the samples collected during the Olympic Games in Beijing, especially targeting CERA and insuline. The A- and B-samples was sent to the WADA Accreditated Laboratoire Suisse d‘Analyse du Dopage (LAD), along with all other samples from other athletes collected upon the occasion of the 2008 Olympic Games. The A samples of Rebellin was subject to a screening test for the prohibited substance CERA by the LAD, and subsequently sent for analysis to the WADA accredited "Laboratoire d’Analyses de l’Agence Française de Lutte contre le Dopage" (LAAFLD). During his defence for IOC, Rebellin contended that the IOC could not establish a chain of custody sufficient to verify the integrity of his samples. The alleged lack of documentation did not permit to ensure that the different couriers, laboratories or other persons did not adulterate, manipulate or contaminate the samples. After a careful review of all the documents relating to the chain of custody between the Doping Control Station, the Beijing Laboratory, the LAD and the LAAFLD, the Disciplinary Commission is satisfied that no departure from the ISL occurred. Moreover, even if such a deviation had occurred in the chain of custody, with the consequence of causing an alteration of the samples, such deviation and alteration could not have been the cause of a positive result. As Dr. Martial On 30 November 2009, Davide Rebellin filed an appeal with the CAS to request the annulment of the IOC decision. On July 30, 2010, the CAS rejected the appeal by Rebellin. In their decision the CAS writes: «This case has been referred to a CAS Panel composed of Mr Bernard Foucher (France), President, Mr Michele Bernasconi (Switzerland) and Prof. Ulrich Haas (Germany). A hearing took place at the CAS Headquarters on 17 June 2010 during which the parties, their counsels and several experts have been heard. For his defence, Davide Rebellin has alleged several mistakes concerning the analysis procedure of the samples and has challenged the validity of the method applied by the laboratory of Châtenay-Malabry. The CAS Panel has rejected all the arguments put forward by the athlete and has confirmed that the procedures of the chain of custody have been complied with and that there was no departure from the international standards for laboratories (ISL) which could have reasonably caused an abnormal analysis result. Furthermore, the CAS Panel has confirmed that the presence of CERA has been validly detected in the blood samples of the athlete and that the laboratory of Châtenay-Malabry has applied a method of detection which already existed and was already validated internally, pursuant to the ISL, at the moment of the analysis.»

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