Los Angeles (April 8, 2014) – Omar Pinzon’s long fight to
clear his name is finally over, with the Court of Arbitration for Sport (“CAS”)
issuing its final decision exonerating him earlier this week.
Despite the fact that he has never used cocaine, Mr. Pinzon
tested positive for cocaine while competing at the Colombian National Games in
Cali, Colombia, on November 10, 2012.
Confident that he was innocent, Mr. Pinzon submitted to a polygraph
examination, and was found to be truthful that he had not knowingly used
cocaine. When he was suspended by the
national swimming federation for Colombia (FECNA) for 2 years, Omar Pinzon
appealed to the CAS.
Following a hearing in New York in February 2014, CAS has
now issued its final decision, fully exonerating Omar Pinzon. In its decision, the CAS tribunal noted the
following:
-the CAS tribunal did not believe
that Omar Pinzon had ever used cocaine;
-the testing laboratory in Colombia
had not used the standard test for cocaine, and did not establish that it even
followed its own required testing protocols;
-there is no known scientific study
that would support the test results reported by the testing laboratory in
Colombia;
-the results reported by the
testing laboratory in Colombia are virtually impossible in a human urine sample
after the ingestion of cocaine, meaning that the test results are inconsistent
with biology; and
-the lab result can only be
explained by lab error, manipulation of the sample or adulteration of the
sample.
In addition, the CAS tribunal ordered that FECNA must pay
Omar Pinzon in excess of US $50,000 for the costs of the arbitration and his
legal fees.
In responding to the CAS decision, Omar Pinzon stated as
follows:
“I am extremely happy with the CAS decision, because it
proves what I already knew, which is that I was completely innocent. The past year has been extremely difficult
for me and my family, and I look forward to returning to competition later this
month.
Despite this ordeal, I look forward to again representing my
country in the near future.”
For more information please contact Howard Jacobs:
Howard L. Jacobs
Law Offices of Howard L. Jacobs
2815 Townsgate Road, Suite 200
Westlake Village, California 91361
Tel. 805.418.9892
Cell. 818.422.0508
Fax. 805.418.9899
