Columnist and former barrister HUGH SELBY rises in defence of Italian tennis champion Jannik Sinner, who controversially has avoided suspension after being cleared of wrongdoing by an independent tribunal. 

Dear Nick Kyrgios, here’s why we can welcome Jannik Sinner to the 2025 Australian Open

ABC Online reported the outcome of a controversy around the top tennis player. The gist of the reporting was: 

• The International Tennis Integrity Authority (ITIA) confirmed that Australian Open Champion Jannik Sinner tested positive twice for the anabolic agent clostebol last March. 

• Sinner returned the positive tests – eight days between them – during the Indian Wells Masters 1000 tournament. 

• But the young Italian avoided suspension after being cleared of wrongdoing by an independent tribunal. The tribunal accepted Sinner’s explanation that clostebol entered his system from a member of his support team through massages and sports therapy.

• That, however, didn’t mean that Sinner got a free pass. Far from it. He lost: his results, the prize money of $US325,000 ($485,000) and 400 ranking points from the event.

Canberra’s international tennis star Nick Kyrgios was less than impressed:

• “You get tested twice with a banned (steroid) substance… you should be gone for two years,” 

• “Your performance was enhanced.”

A Canadian player was also unimpressed by Sinner escaping a suspension:

• “Can’t imagine what every other player that got banned for contaminated substances is feeling right now,” 

• “Different rules for different players.”

But everyone needs more information

The ABC reporting does not explain why the tribunal and ITIA were able to accept Sinner’s explanation.

So I looked to Google for more information about the reasons for the decision. It took only seconds to find the official statement. 

Relevantly, the ITIA statement says: “The player explained that the substance had entered their system as a result of contamination from a support team member, who had been applying an over-the-counter spray (available in Italy) containing clostebol to their own skin to treat a small wound. 

“That support team member applied the spray between 5 and 13 March, during which time they also provided daily massages and sports therapy to Sinner, resulting in unknowing transdermal contamination.

“A thorough investigation by the ITIA followed, including multiple in-depth interviews with Sinner and the support team, all of whom co-operated fully.

“Following that investigation, and in line with the independent scientific advice, the ITIA accepted the player’s explanation as to the source of clostebol found in their sample and that the violation was not intentional.  

“The ITIA referred the case to an independent tribunal to consider the specific facts, review any comparable anti-doping decisions, and determine what, if any, fault the player bore and therefore the appropriate outcome. 

“A hearing was convened at Sport Resolutions on August 15, from which the independent tribunal determined a finding of no fault or negligence applied in the case, resulting in no period of ineligibility.  Their decision is also available on the ITIA website.”

The tribunal decision is an exhaustive discussion over 33 pages, not only of the facts but also of the relevant law and other cases that provided precedent and insights.

From its reasons we learn:

• To sustain a plea of no (significant) fault of negligence the player is required to prove the origin of the prohibited substance on “the balance of probability”…[T]he player has to prove not only “the route of administration” of the substance (for example, transdermal ingestion) but also when and how the substance got into his system;

• There were banking records confirming the purchase of the medical spray which contains clostebol at an Italian Farmacia by Sinner’s fitness coach;

• While staying together in Indian Wells, Sinner’s physiotherapist accidentally cut his left little finger;

• The fitness coach recommended that the physiotherapist use the spray for its healing and antiseptic qualities. It was used daily for eight days (with one or two sprays per application), without the physiotherapist knowing that it contained clostebol;

• Mr Sinner was not aware of the presence or the use of the spray. Moreover, he had no reason to suspect its presence or use.

• For those same eight days the physiotherapist gave Mr Sinner full body massages. He did not wear gloves;

• Mr Sinner suffers from a condition that leads to small cuts and sores on areas that were massaged;

• Three named scientific experts (with enviable reputations), two of whom did not know the identity of Mr Sinner, confirmed that inadvertent contamination from the physiotherapist’s treatment could explain the presence of the clostebol metabolites in Mr Sinner’s system;

• One of those experts also advised that the test results were entirely plausible, based on the explanation given and the concentrations identified during the testing. What’s more, the minute amounts would not have had any relevant doping, or performance enhancing effect upon the player; and,

• The tribunal found that Mr Sinner exercised “utmost caution” and did all that was possible to avoid a positive test result.

Isn’t it nice to know that we can warmly welcome Jannik’s return to defend his Australian title in January!

Former barrister Hugh Selby is the CityNews legal columnist. His free podcasts on “Witness Essentials” and “Advocacy in court: preparation and performance” can be heard on the best known podcast sites.