Sports Law

Marinov v ASADA (Appeal)

A coach was charged with “possession” (in fact, the charge was “trafficking by possession”) on the basis of a small amount of drugs, found by police during a raid, in a wardrobe, in a bedroom that he had been using, in a house owned by a friend. The coach was overseas at the time of the raid. The owner of the house later pleaded guilty to criminal charges relating to possession of a large amount of drugs. A CAS Appeals Tribunal overturned an earlier CAS finding upholding the charge, concluding that “possession” was not sufficiently established by the coach’s mere “occupation” of the room. In the absence of evidence that the drugs belonged to the coach, or that the coach put the drugs in the wardrobe, the charge was not established.