JOIN US The defence, representing the four quarter-milers, on Wednesday challenged the World Anti- Doping Agency’s (WADA) appeal to increasing the athletes’ one-year ban to two years for a dope offence.
Out of the six athletes who were slapped a one-year ban, Asian Games gold medallists Ashwini Akkunji, Sini Jose, Tiana Mary Thomas and Priyanka Panwar filed an appeal challenging their punishment. WADA then came up with a counter-appeal, seeking a longer sentence.
Defence counsel RK Anand argued that government and media reports were potent evidences and should be considered by the anti-doping appeal panel headed by retired high court judge CK Mahajan.
Anand said the athletes had been supportive during the inquiry and even gave the bottle of contaminated ginseng to the inquiry committee of Sports Authority of India (SAI) for lab testing, which revealed the source of the prohibited substance found in their systems.
Quoting rule 10.5.3 of the National Anti-Doping Disciplinary Panel code, Anand said the athletes’ punishment should be reduced to one-quarter of the period of ineligibility for their assistance to the enquiry. Anand argued that the athletes’ coach, Yuri Ogorodnik, was appointed by SAI and was around for 12 years, the reason why the athletes chose to trust him while taking the supplement.
During the hearing, Mahajan, while studying the WADA appeal, found it ‘truncated’ and ‘contradictory’. The WADA appeal said it was not challenging the explanation of the athletes. Mahajan asked why the world body was asking for a two-year sentence if it was not challenging the athletes’ explanation.
Anand questioned the disciplinary panel that handed out the one-year ban. He said the panel quoted rules 10.5.1 (no fault or negligence) and 10.5.2 (no significant fault or negligence) in its order but there was no proof to establish negligence on part of the athletes.
On the prosecution argument about why two athletes tested positive for two steroids while others for only one if they had all taken the same supplement, Anand said both steroids are found in the ginseng kianpi pill and it depended on the metabolism of each individual.
The next hearing is on Feb 29.