The FINA Doping Panel after a hearing on 22nd November 1999 decided:
The Hungarian Water Polo Player Tibor BENEDEK at a doping control on 26th June 1999 tested positive for Chlortestosterone (Clostebol) which is an anabolic steroid. He shall be suspended for a period of 15 (months), commencing on 27th August 1999.
Mr. Tibor Benedek is a member of the Hungarian National Water Polo Team since 10 years. He is also a member of the Club A.S. Roma Pallanuoto in Italy since three years. At the occasion of an Italian National League Water Polo match on 26th June 1999 he had to undergo a doping control conducted by the Italian Olympic Committee (C.O.N.I). The athlete tested positive for Chlortestosterone (Clostebol), which is an anabolic steroid. On 7th September 1999 he was sanctioned by the Commissione Disciplinare of the Federazione Italiana de Nuoto (F.I.N) with a suspension of eight (8) months, commencing on 27th August 1999. On his appeal on 27th September 1999 the Commissione d'Apello Federale of F.I.N. judged the suspension to be for a period of only three (3) months.
The FINA Executive called for a hearing before the FINA Doping Panel, which was held on 22nd November 1999 in Lausanne (SUI).
FINA Rule C 17.7:
Where a Member federation has held a hearing and the FINA executive believes that in the conduct or conclusion of such hearing the Member federation has misinterpreted FINA Rules or otherwise reached an erroneous conclusion, the Executive may call for a hearing before the FINA Doping Panel.
The motions and contentions of the athlete were:
Since 1997 he is suffering from a disease which is needing medical care. In September 1998 he underwent an operation which was followed by a post-operative treatment with Trofodermin. And since then from time to time he must repeat the use of Trofodermin due to medical reasons. Also in the week before the match on 26th June 1999 he was using that medicament. The result of the doping test is caused by this medical treatment.
The use of this medicament was prescribed by his doctor who knows that he is an active athlete. He trusted the doctor prescription.
The athlete claims to be acquitted as in his opinion he is without any fault.
The main reasons of the judgement by the FINA Doping Panel were:
The athlete committed a doping offence. He neglected his duties and did not meet his responsibilities.
The FINA Doping Panel considered that:
a) FINA Rule DC 9.10:
Where the Rules impose a minimum term suspension, the minimum may be lessened if the competitor can clearly establish how the prohibited substance got into the competitor