04 Oct 2012

CAS decision in the case of Dimitar Kutrovsky


London, 04 Oct 2012 - The International Tennis Federation announced that the Court of Arbitration for Sport (“CAS”) has partially upheld the appeal by Dimitar Kutrovksy against the decision of the independent tribunal dated 15 May 2012. The independent tribunal had determined that Mr Kutrovsky should be suspended from participation for a period of two years, commencing as from 14 February 2012 and so ending at midnight on 13 February 2014 for the commission of an Anti-Doping Rule Violation under Article C.1 of the Tennis Anti-Doping Programme (presence of a Prohibited Substance in player’s sample).

The CAS panel rejected Mr Kutrovsky’s submissions that (a) his lack of knowledge that a substance listed as an ingredient in the product he ingested was, in fact, prohibited, and (b) the timing of ingestion of the prohibited substance relative to his previous and upcoming matches, were sufficient to demonstrate a lack of intent to enhance performance. As such, the panel decided that Mr Kutrovsky was not eligible for any reduction in his sanction under Article 10.4 of the WADA Code.

However, the panel allowed the application of Article 10.5.2 of the WADA Code, which permits a reduction of up to one-half of the otherwise applicable sanction of two years, based on the player’s degree of fault for the offence. On this basis, the panel determined that the appropriate period of ineligibility should be fifteen months.

The panel thus determined that the independent tribunal’s decision be set aside, and replaced with a period of ineligibility of fifteen months, with the start back-dated to 14 February 2012, the date on which the positive sample was provided. He will be eligible to participate on 14 May 2013. Mr Kutrovsky’s results from the SAP Open and the Brownsville Futures event remain disqualified, including forfeiture of the prize money and ranking points won at those events.

The Tennis Anti-Doping Programme is a comprehensive and internationally recognised drug-testing programme managed by the ITF. The Programme applies to all players competing at the Grand Slam tournaments and events sanctioned by the ITF, ATP and WTA. Players are tested for substances prohibited by the World Anti-Doping Agency and upon a finding that an Anti-Doping Rule Violation has been committed, sanctions are imposed in accordance with the requirements of the World Anti-Doping Code. More background information on the Programme, sanctions, tennis statistics and related information can be found at www.itftennis.com/antidoping.