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CAS reduces Puerta's ban to two years
July 12, 2006
LONDON (Ticker) - The Court of Arbitration for Sport on Wednesday reduced Mariano Puerta's doping ban from eight years to two.
The 24-month ban will run from the date of Puerta's positive drug test on June 5, 2005, making him eligible to return to the ATP Tour midway through the 2007 season.
Puerta's career appeared to be over after he was handed an eight-year drug ban by the International Tennis Federation last December.
The Argentine tested positive for the banned stimulant etilefrine after his loss to Rafael Nadal in the 2005 French Open final. Puerta claimed the drug entered his body just before the final after he inadvertently used a glass that had previously been used by his wife, who takes a treatment containing etilefrine.
This explanation of "no significant fault or negligence" was accepted by the ITF, but because this was Puerta's second doping offense he was hit with an eight-year ban. He previously tested positive for clenbuterol in 2003 and served a nine-month ban.
The CAS panel found the eight-year ban to be "unjust and disproportionate to the circumstances surrounding the positive test result" and said the World Anti-Doping Agency's code - to which the ITF signs up - could not produce a just punishment in such rare cases.
"(We are) satisfied that Mr. Puerta is not a cheat, and that the fact that he has been found to have been in breach of anti-doping regulations is more the result of bad luck than of any fault or negligence on his part," the panel said in its judgement.
The panel also dismissed fears that by reducing the ban that it was being soft on drug cheats.
"The panel is satisfied that its decision does not represent the thin end of the wedge or in any way a weakening of the war against doping," the judgement added.
Responding to the judgement, ITF president Francesco Ricci Bitti called for the "one size fits all" WADA code to be changed.
"The ITF respects the decision of the Court of Arbitration for Sport in the case of Mariano Puerta," Bitti said. "The court recognized, and we agree, that there is a lacuna, or gap, in the rules of both the Tennis Anti-Doping Program and of the WADA Code with regard to penalties for players guilty of two non-significant offences.
"The ITF has asked WADA to consider this issue when the WADA Code is revised in 2007."
The 27-year-old Puerta has been docked all ranking points and prize money obtained during and prior to the French Open.
x.doublea
Interesting, I'm not sure what to say in terms of whether this is fair or not....
dav6789
I hope his excuse is true. If it is, them I am glad to see the ban recuced because he is an amazing player to watch. It seems a bit suspicious that this would happen a 2nd time, but if he hasen't cheated then I wish him well when he comes back on tour.
PSALT
I don't buy his excuse that it was in his wife's drink. This is his second time, he should have been banned for life.
x.doublea
His wife shouldn't be taking those drugs anyhow.
Tennis fan
x.doublea wrote:
His wife shouldn't be taking those drugs anyhow.
Exactly!!
beachjm
Tennis really botched this one. I thought the initial penalty (8 yrs) was a bit excessive. But then to reduce it all the way down to 2 yrs. doesn't make a lot of sense either. He should be suspended for at least 3-4 yrs. A slap in the face for tennis' drug testing policy.
x.doublea
Yes, it is, but I guess it also shows that the tennis drug system is successfully catching people in the act....
