Shayna Jack’s lawyer says the Australian swimmer has reason to feel vindicated by the Court of Arbitration for Sport’s (CAS) decision to reduce her doping suspension to two years.
Key points:
- CAS ruled Jack had “not intentionally” ingested the banned substance Ligandrol
- The 22-year-old can return to competitive swimming in 2021 but will not be eligible for Olympic qualification
- Jack said she would “walk a little taller” following the ruling
The Australian Sports Anti-Doping Authority, whose functions are now operated by Sport Integrity Australia, had recommended Jack receive a four-year suspension after she tested positive to the banned substance Ligandrol last year.
The positive doping test had forced Jack to withdraw from Australia’s squad at the 2019 world swimming championships in South Korea.
Jack launched an appeal to the Swiss-based CAS, who last night ruled the result of the out-of-competition test showed the Commonwealth Games gold medallist had ingested Ligandrol but not intentionally in their view.
CAS imposed a reduced sanction of two years — commencing on the date of her provisional suspension (July 12, 2019) — meaning she will be free to return to competitive swimming next July but will miss Australia’s qualification period for the Tokyo Olympics.
Jack’s Brisbane-based lawyer Tim Fuller said the CAS ruling proved the 22-year-old was not a doping cheat.
“I think probably the thing that is most noteworthy about this case is the fact that the court has been very, very emphatic in saying there was no intent and intent is all about cheating,” he told the ABC.
“This is not somebody that set out to gain from the system. She was caught up in a situation that’s unexplainable.
“And that’s what the court — after an extensive and long-running investigation and hearing — has actually handed down.”
Mr Fuller said Jack was experiencing “mixed feelings” because she would not be eligible to qualify for the Olympics next year.
But he said she was encouraged that she would be able to resume her career.
“She can’t come back to competitive swimming until July next year,” Mr Fuller said.
“But look, in the end her career has been saved.”
Mr Fuller said CAS had recognised Jack’s honesty.
“One of the things that was noted in that decision was that she didn’t try to float these wild theories about how it got into her body,” he said.
“She just was up front and honest and said ‘I don’t know’ and that’s what the court’s ruled on.”
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Jack took to Instagram last night to express her relief following the ruling.
“I accept this decision with a positive attitude and with gratitude that my career as a swimmer will resume next year,” Jack wrote.
“I have never doubted myself for a minute throughout this ordeal and I have never allowed my integrity to be compromised.
“I walk a little taller tonight with the fact that this ordeal is finally over.”
Sport Integrity Australia released a statement on Monday night saying it remained satisfied that “it was appropriate to recommend a sanction of four years” based on the information available to the agency.
The agency’s chief executive David Sharpe said it would “consider the decision in greater detail before making any further comment”.
Sport Integrity Australia was given 21 days to lodge an appeal.
Jack was regarded as a rising star of Australian swimming prior to her positive doping test.
She was a member of Australia’s 4x100m freestyle relay team that set a world record at the 2018 Commonwealth Games on the Gold Coast.
She also won two silver and two bronze medals in relays at the 2017 world championships in Budapest.
