Prosecution Committee has submitted the claim exclusion for 14 months, for the World Champion in female XC-skiing, Therese Johaug (NOR).
Picture: This is Therese Johaug at the point when she got medical treatment from the Norwegian Ski Federations doctor, for her sores lips which you can see on the picture.
PRESS RELEASE ANTIDOPING NORWAY ( AGENCY) – 29 November 2016
Prosecution Committee Anti-Doping Norway has decided to send a request for the prosecution to the Norwegian Sport Assosiation’s (NIF’s) adjudication committee against xc-skier Therese Johaug, for violating doping rules in NIF’s statutes.
Prosecution Committee has submitted the following statement:
Therese Johaug sentenced to loss of the right to participate in competitions and organized training, and the right to be an elected or appointed officer for a period of 14 – fourteen – months, with effect from the date imposed suspension 10.10.2016.
Background of the case:
Therese Johaug pillow positive test “out of competition” on September 16 in Oslo. The sample had claimed analysis report from the Norwegian laboratory for doping analysis presence of klostebol. Klostebol stands on WADA’s list of prohibited substances under class S1.1A, exogenous anabolic steroid. The discovery was later confirmed by analysis of the B sample.
Klostebol is prohibited within and outside competition, and is not a particular substance under the WADA Prohibited List.
Practitioner reported use of the drug Trofodermin, which includes active ingredient klostebol, the doping control form at control 16th September.
The prosecution Rating:
Prosecution Committee has emphasized that the athlete ran a drug for a proven medical condition by a national team doctor engaged by the Norwegian Ski Association. Teams doctor had extensive experience in sports and was an expert in the area. Practitioner thus has no intent or gross negligence violated doping rules and prosecution committee believes athlete has demonstrated negligible sake, ref. NIF Act § 10.12 (3) and WADC art. 10.5.2. It is the degree of fault as determined solely length.
Further believes that the prosecution committee Johaug be blamed for not having undertaken further investigation of the drug she received and used, especially since the package was labeled “DOPING“. The competitor has been on international level for many years, and is or should have been aware of the requirement for athlete’s duty of care.
The prosecuting committee following an overall assessment of the evidence in the case, assessed against the NIF’s statutes, the World Anti-Doping Code (WADC) and relevant international jurisprudence, abandoned a claim exclusion for 14 months, with effect from 18 October 2016.
– Therese Johaug is that international top athlete subject to strict international regulations. This legislation imposes her a strict duty of care. Practitioner’s responsibility for what she gets in the body is statuate in numerous doping judge nationally and internationally. Upon closure of contention has prosecution committee looked to the relevant CAS judge says Mr. Anstein Gjengedal ( leader of Prosecution Committee Anti-Doping Norway), stressing that this is a prosecution decision and no judgment.
Prosecution Committee will now take a few days to finalize prosecution petition before it is sent to NIF’s adjudication committee.