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Court turns down Romanian gymnast appeal
ATTENTION - UPDATES, ADDS quotes, details of ruling /// SYDNEY, Sept 28 (AFP) - The Court of Arbitration for Sport (CAS) Thursday dismissed an appeal by Romanian gymnast Andreea Raducan to have her gold medal returned after she was disqualified for failing a dope test. The CAS said there were no grounds for returning the medal to Raducan, who tested positive for the banned stimulant pseudoephedrine following her victory in the individual all-around competition on September 21. "The panel is aware of the impact of its decision on a fine, young, elite athlete," CAS acting secretary general Matthieu Reeb said. "It finds, in balancing the interests of Miss Raducan with the commitment of the Olympic Movement to drug-free sport, the Anti-Doping Code must be enforced without compromise," he said. Raducan, 16, tested positive for the banned stimulant pseudoephedrine after clinching her gold on September 21. The drug entered the petite gymnast's system after Romania's team physician Ioachin Oana gave her an over-the-counter cold pill on the evening before the competition. Oana was banned for four years by the International Olympic Committee (IOC) on Tuesday. The IOC had accepted the drug entered Raducan's system innocently and that she had gained no competitive advantage by having the drug in her body. But the IOC refused to make an allowance in the case under its "rules are rules" policy, and stripped Raducan of her gold. The Romanian team had argued that Raducan's diminutive size and weight had contributed to the positive test, and that a physically bigger athlete might have tested negative. They had also argued Raducan could not be blamed, and therefore should not be punished, because she was entirely dependent on the team doctor's advice. However the CAS ruling stated that the doping offence was one of "strict liability" and so in fairness to all other athletes taking part Raducan had to be disqualified. "...factors such as the athlete's age, her weight, the need for medication, the fact the drug may not have enhanced the performance, and the reliance on the team's doctor are irrelevant," Reeb said.
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