By MahWengKwai & Associates Sports Law Practice Group

 

Photo Credit: “Curling” by Benson Kua is licensed under CC BY-SA 2.0

The Pyeongchang 2018 Olympic Winter Games saw Russian curler Alexander Krushelnitzky being stripped of his bronze medal following him being tested positive for the banned substance meldonium. Although Alexander initially maintained his innocence claiming that his drink was spiked, he dropped his appeal on Thursday before he was officially banned by the Court of Arbitration for Sport (CAS). However, CAS clarified that Alexander reserved his rights to seek elimination or reduction of any period of ineligibility based on ‘no fault or negligence’.

Section 10.4 of the World Anti-Doping Code (WADA Code) provides for the elimination of the period of ineligibility should the athlete establishes that he or she bears no fault or negligence in the doping incident. Alternatively, Section 10.5 of the WADA Code allows for the reduction of the period of ineligibility from a minimum of a reprimand to a maximum of 2 years of ineligibility depending on the degree of the athlete’s fault.

Alexander has expressed to CAS of his intention to seek this reprieve after the conclusion of the Games.

23 Feb 2018

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