The Court Of Arbitration For Sport (CAS) Upholds The Appeal Of Italian Swimmer Filippo Magnini - Annuls Four Year Ban
27th February 2020
The Court of Arbitration for Sport (CAS) has issued its decision in the appeal arbitration procedure between the Italian swimmer Filippo Magnini and the Italian National Anti-Doping Agency (Italian NADO) regarding the appeal filed by the athlete against the decision taken by the Second Instance Italian National Anti-Doping Tribunal dated 2 April 2019, which confirmed the decision taken by the First Instance Italian National Anti-Doping Tribunal dated 6 November 2018.
The appeal of Filippo Magnini has been upheld and the four-year period of ineligibility imposed on the athlete in the decision taken by the First Instance Italian National Anti-Doping Tribunal has been annulled.
In March 2015, Italian Judicial Police seized a number of doping medicines at a medical centre in Pesaro, Italy. A criminal investigation ensued and in June 2018, the Italian National Anti-Doping Prosecutor's Office charged Filippo Magnini with several violations of the World Anti-Doping Code (WADC). In November 2018, the First Instance Italian National Anti-Doping Tribunal issued its decision, concluding that Filippo Magnini had violated Article 2.2 of the WADC (Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method) and imposed on him a four-year period of ineligibility, starting on 6 November 2018. Such decision was confirmed by the Second Instance Italian National Anti-Doping Tribunal on 2 April 2019.
In his appeal to the CAS, Filippo Magnini objected to the facts found against him by the Italian National Anti-Doping Tribunals and requested that the CAS Panel annul such decisions.
On the basis of the evidence placed before it, the Panel determined that there was insufficient evidence to conclude that Filippo Magnini had violated the WADC. Accordingly, it flowed that the sanction had to be annulled.