At the Final Hearing in Paris, 8 Place de la Concorde, the 24th of August 2011 before the FIA Anti-doping Disciplinary Committee (ADC), Avv. William Manuel Zilio (Studio Legale Zilio, Venice – Italy), counsel representing Mr. Livio Favaro in his capacity as parent and legal guardian of his son Simone Favaro appeared.
The arguments submitted by Mr. Zilio focused on the fact that Simone had honestly admitted to being in a room with smokers of Cannabis and had not realised that passive smoking could result in a positive doping result.
Mr. Zilio argued that the fact that passive smoking can have such harmful consequences has been evidenced in various governmental studies around the world (notably U.S.A., Canada, etc.). In fact, there have also been recommendations to increase the acceptable level of cannabinoids present in a urine sample to ensure that passive smokers like Simone do not become innocent victims to a valid law.
The decision pronounced by the ADC agreed with the arguments extended by Mr. Zilio on behalf of Simone Favaro that there was no evidence of his having actually smoked Marijuana. But due to the presence of the THC in Simone’s sample they suspended him for a period of three months, which is less than the 2 year suspension prescribed by the Anti Doping Regulations but within the discretion of the ADC, when it has been satisfactorily shown that there has not been an conscious violation of the rules.
Simone and his father have decided not to appeal the decision.