The three judges agree: Therese Johaug (NOR) has not behaved so due care that must be required of her.
The world’s best female skier, Therese Johaug, was on Friday 10.Feb.2017 banned from all competitions and organized training for 13 months, until 18.Nov. 2017.
This says the Judge Committee in Norwegian Confederation of Sports (NIF) in the 14-page verdict (in norwegian) against the xc-skiing star.
Photo: Therese Johaug with her damaged lips which she put on the prohibited ointment Trofodermin, which only can be bought in Italy and Brazil. This photo is from Italy at that time she used this ointment for her lips. She was there with the norwegian xc-team on training camp in August 2016.
Here are the main reasons why the three judges unanimously concluded that result:
1. Trusts the history of events
The verdict turns the three judges stated that they rely wholly on the course of events in the case, such Johaug and national team doctor Fredrik S. Bendiksen has described it.
The judges believe there is no information in the case that weakens Johaug and Bendiksen explanations about how she got the banned substance in the body.
They also thinks the other information and evidence confirming these explanations and states that theories of alternative events emerges “as speculative derailments.”
2. Believes there must be stringent Johaug
The judges pointed out that it follows from the relevant legal requirements, especially the practice of CAS, it is very seldom before there are circumstances whereby performer is entirely blameless.
They believe Therese Johaug belongs to that group of athletes as it can and must meet the “most stringent requirements of due care” by use of medications and drugs, in and out of competition.
They also believes it must be expected that Johaug have “adequate knowledge of its responsibilities and its obligations under the regulations.”
According to the verdict had Johaug no reason to suspect that she risked treatment with a drug that could be in conflict with doping regulations.
The judges believe she knew the doctor had “plenty of time to examine the cream” when she asked Bendiksen if the cream was “clean”.
3. Judges: why Johaug not acted with due care
The verdict states that the box with cream was marked with a red “doping sign” on one side.
Photo: Trofodermin can only be bought in Italy and Brazil. The cream is used against sore at the skin. But the cream contain the prohibited substance klostebol. Klostebol is on WADA’s list of prohibited substances under class S1.1A, exogenous anabolic steroid. This is why this cream is marked by a red warning says “doping“.
But the jugdes believe Johaug had no appreciable reason to look for it this warning.
The Jugde Commission nevertheless means that Johaug not appeared so due care that must be required of her, that she will be heard by that she has acted without fault.
This is how the judges justify this:
- When Johaug receiving and used the cream she knew that the wound on the lip this time had another cause than usual (as usual means Herpes).
- She knew / had to know that she let them treat with other medications than “normal”.
- She also knew that the first cream, keratoplastic not had the desired effect on the sore, and that cream number two is therefore likely to have other properties / active ingredients.
These circumstances sharpens the requirement of due care, according to the adjudication committee.
Photo: This is the three jugdes in the Judge Committee in Norwegian Confederation of Sports (NIF).
THEY MEANS SHE OUGHT TO ASCERTAINED
The judges believe she also knew that “adequate medicine did not exist in the national team’s medical case.”
They believe she also knew that it was a risk that dr.Bendiksen had bought a drug that he did not know (well) before. That drug was purchased abroad sharpens assessment, writes the judge committee.
Thus they believe that Johaug questions and reassurance from the doctor does not involve adequate research on her part.
“She should at least have ensured even clearer that the doctor concrete had investigated product against doping list. She could not just rely on that he (probably) had done this, “they write in the judgment.
They also believe that Johaug not had enough awareness of the scope of own responsibility, and that she therefore should have made such additional investigations, can not absolve her of guilt.
That other practitioners would have behaved in the same way as Johaug, can not cause that she is innocent, believes adjudication committee. Marit Bjørgen, another World Champion in XC-skiing from NOR, said so in her testemony for Johaug.
– IMPORTANT TO SET AN EXAMPLE
Counsel Anti-Doping Norway, Niels Kiær says there is a thorough judgment.
– The important thing that we would point out, is that the Trial Committee has set an personal responsibility for the athlete. It is important for future anti-doping work, says Kiær.
He says that prosecuting committee (for Anti-Doping Norway) will take a few days to consider whether to appeal.
He is unsure whether international organizations such as the IOC, WADA and FIS will appeal.
– They must have just been watching the result so far. The verdict will be translated into English and sent to them. We’ll see when they get reasoning and not only the length of the exclusion to deal with, says Kiær.
Photo: Therese Johaug with her attorney Christian Hjort (t.l.) and an associate lawyer Mikkel Toft Gimse during the hearing at Ullevaal stadion in January 2017.
DO NOT KNOW IF SHE WILL APPEAL.
Whit this judgment can Therese Johaug still compete in the Olympic Winter Games in South Korea in 2018.
In a press release that arrived Friday afternoon said Johaug “that she is glad that the jugde committee sees that there was no performance-enhancing intent or effect of the use of lip cream.”
She is also, pleased that the committee agree that she had no reason to doubt the assurances she received the national team doctor Fredrik S. Bendiksen.
– I realize that the rules must be strict, but still think it is difficult to understand that what I have done to give thirteen-month exclusion. I will spend the next few days to think about what to do next with my lawyer, she continues.
ANTI-DOPING WORLD (me) means however that there is nothing to win on an appeal for her. Maybe she could have got 12 month, but not less, since the practices says 1-2 years ban for this kind of doping. Since her doping acctually wasn’t a systematic doping, but just a very smal dose of klostebol from a lipcream, still the minimum ban is 12 month. 12 or 13 month has nothing to say for her preparations for the competition winter season 2017/18.
Source: Aftenposten and Anti-Doping World