Rita Jeptoo handed extra two-year doping ban by CAS

Marathon runner Rita Jeptoo of Kenya has handed extra two-year ban for doping in a judgement taken at the Court of Arbitration for Sport (CAS) on Wednesday, ruling she had used the proscribed blood booster, EPO as part of a fraudulent scheme.

The 35 year-old Jeptoo tested positive for EPO in an out-of-competition test September 25, 2014 and Athletics Kenya handed her a two-year ban from sports for the anti-doping violation with CAS directing the athlete to pay CHF 15,000 (Ksh 1,531,744.35 ) as a contribution to IAAF legal fees and expenses.

CAS also dismissed all other motions or prayers for relief in a judgment signed by Ulrich Haas, who is president of the panel and stripped her of the 2014 Boston and Chicago marathon titles, medals, prize monies and any other earnings accruing from the races.

Jeptoo is also likely to forfeit the 2013-2014 World Marathon Majors (WMM) title to compatriot Edna Kiplagat, the two-time world champion.

“The Court of Arbitration for Sport (CAS) has issued its decision in the arbitration procedure between the International Association of Athletics Federations (IAAF), Athletics Kenya (AK) and the Kenyan athlete Rita Jeptoo.

“The CAS Panel in charge of the matter has imposed a four-year period of ineligibility on Ms Jeptoo and disqualified the athlete’s results in the 2014 Boston marathon and all other results as from 17 April 2014 (including the 2014 Chicago marathon),” a media statement from CAS said.

“According to the applicable rules, the minimum period of ineligibility in this situation is a sanction of two years but can be increased to up to four years in the case of aggravating circumstances.

“The Panel is comfortably satisfied that there are aggravating circumstances in the case at hand as it was obvious to the Panel that the athlete used EPO as part of a scheme or plan.

The latest verdict could well signal the end of the running career of the three-time Boston and twice Chicago marathon champion who has also won races in Stockholm and Milan.

“Accordingly, Rita Jeptoo is sanctioned with a period of ineligibility of four years starting on 30 October 2014, the date on which her provisional suspension started to run.

“The results of Ms Jeptoo in the 2014 Boston marathon and all other results as from 17 April 2014 (including the 2014 Chicago marathon) are disqualified pursuant to IAAF Rule 40.8, with all resulting consequences, including the forfeiture of the title, medal, prize money and any appearance money,” CAS continued.

Speaking to Citizen Digital, her partner Noah Busienei said the verdict was not shocking.

“I have not spoken to her or seen anything but I was expecting that because she opted to test her B Sample where they messed something. They had said they would add two years and she was aware of that,” Busienei said.

“There is no other avenue available to appeal the decision and we shall decide the way forward,” he added.

World governing body, IAAF had requested her ban to be doubled for four years in appealing AK’s decision to CAS.

“I am optimistic my appeal to CAS will go through,” said Jeptoo, who decided to launch her own appeal with the sport’s highest court after her lawyer withdrew from the case in July.

Athletics Kenya also opted out of the case despite having previously announced its attendance in the arbitration appeal hearing in Lausanne, Switzerland.

“On 5 July 2016, two days before the hearing, Ms Jeptoo’s counsel informed the CAS that she resigned from her role as counsel to Ms Jeptoo. Ms Jeptoo joined the initial phase of the hearing by telephone but opted to leave the hearing during the opening statements. The CAS Panel proceeded with the   hearing in Ms Jeptoo’s absence.

“AK did not participate in the hearing despite previously announcing their attendance. In coming to its decision, the Panel found to its comfortable satisfaction that the athlete used EPO over a period of time to enhance performance,” the statement from CAS explained.

The appeal Panel found no basis on Jeptoo’s claim she did not know how the substance was found in her system.

“The undisputed source of the rEPO found in her sample of 25 September 2014 was an injection given to her by a doctor. The athlete provided various differing accounts of the circumstances leading up to the injection and also regarding her relationship with that doctor.”