SWIMMING - FINA v/ CBDA & GUSMAO

FINA appeal not entertained by the CAS

Lausanne, 10 May 2008 – The Court of Arbitration for Sport (CAS) has denied jurisdiction to rule on the appeal filed by the International Swimming Federation (FINA) against the Brazilian Swimming Federation (CBDA) regarding the Brazilian swimmer Rebeca Gusmao.

In May 2006, the swimmer underwent a doping control which gave abnormal results but the CDBA decided not to sanction the athlete considering that the analysis results could not be relied upon due to “bacterial degradation”. In the absence of any decision by the CBDA, the FINA has then requested the CAS to ban the swimmer for a period of 2 years. The CAS has noted that the FINA did not exhaust the legal remedies prior to the appeal to the CAS because the FINA should have first referred the case to its Doping Panel prior to the appeal to the CAS.