TL;DRAbstract
In August 1998, B (an Irish swimmer, Michelle Smith de Bruin) was suspended for 4 years by the respondent’s (FINA, swimming’s world governing body) anti-doping panel, having been found to have committed an offence—the use of substances and methods altering the integrity and validity of urine samples in doping control—contrary to FINA’s anti-doping regulations. On 2 September 1998, de Bruin submitted an appeal to CAS in which she challenged the findings of FINA’s Anti-doping Panel on various grounds and namely: that FINA’s Anti-doping Panel had failed to reach a decision in accordance with the appropriate burden and standard of proof; that the Chairman of FINA’s Anti-Doping Panel had exhibited substantial bias against her; that the individual anti-doping testers who had carried out the out-of-competition testing of her at her home, and which led to the stated “manipulation” charges, had lacked the authority to carry out “unannounced” tests; that, in any event, unannounced testing out-of
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In August 1998, B (an Irish swimmer, Michelle Smith de Bruin) was suspended for 4 years by the respondent’s (FINA, swimming’s world governing body) anti-doping panel, having been found to have committed an offence—the use of substances and methods altering the integrity and validity of urine samples in doping control—contrary to FINA’s anti-doping regulations. On 2 September 1998, de Bruin submitted an appeal to CAS in which she challenged the findings of FINA’s Anti-doping Panel on various grounds and namely: that FINA’s Anti-doping Panel had failed to reach a decision in accordance with the appropriate burden and standard of proof; that the Chairman of FINA’s Anti-Doping Panel had exhibited substantial bias against her; that the individual anti-doping testers who had carried out the out-of-competition testing of her at her home, and which led to the stated “manipulation” charges, had lacked the authority to carry out “unannounced” tests; that, in any event, unannounced testing out-of
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