The Pogba Doping Saga: Intent, Mitigating Factors, and the Road to CAS – Everything You Need to Know

Global - Ekhbary News Agency

The Pogba Doping Saga: Intent, Mitigating Factors, and the Road to CAS – Everything You Need to Know

The doping case involving French football star Paul Pogba continues to unfold, with each new development adding another layer of complexity to an already intricate legal battle. Since the news first broke, the career of Pogba, a 2018 World Cup winner, has hung in the balance, and football enthusiasts and legal analysts alike are keenly watching the next stages of this protracted legal dispute.

The saga began on August 20, following the Udinese-Juventus match, where Pogba underwent a routine anti-doping control. Despite remaining on the bench for that game, the test results revealed the presence of testosterone metabolites, specifically DHEA, classified as an anabolic steroid. This finding led to Pogba's provisional suspension by the National Anti-Doping Tribunal (TNA) on September 12. The conclusive confirmation arrived on October 5, when counter-analyses, effectively an 'acid test' in anti-doping procedures, affirmed the positive result, dispelling any initial doubts.

Since then, a relative silence has enveloped the case, fueling speculation. The anti-doping prosecutor's office has handled the investigation with utmost confidentiality, and Pogba's defense team has not issued widespread public statements, although they have maintained that the player never admitted to knowingly taking prohibited substances. Part of this opacity stems from the nature of the proceedings: the anti-doping prosecutor's office is an autonomous sector of sports justice, operating outside traditional federal structures, granting it a distinct and private legal pathway.

The investigative process can be broadly divided into two potential phases. The first, an exploratory phase, saw prosecutor Pierfrancesco Laviani and his collaborators thoroughly studying the case and the defensive memoranda prepared by Pogba's English legal team. The second phase, it is speculated, involved attempts to work towards a plea bargain, or 'patteggiamento' in Italian legal terms, which is an agreement to plead guilty in exchange for a reduced sentence.

There was also talk of the possibility of going directly to the Court of Arbitration for Sport (CAS) in Lausanne. The anti-doping code does indeed foresee this possibility, which would involve a single hearing. However, this path requires the green light from both the World Anti-Doping Agency (WADA) and NADO Italia (the Italian National Anti-Doping Organization). There was no official request from Pogba for this option, and reports suggested that WADA would not have granted its approval anyway, likely preferring the case to be handled through national channels first.

So, why did a plea bargain not materialize? This is a complex question, and the answers remain in the realm of hypothesis. It appears that the prosecution and defense were, in a sense, 'studying' each other. News circulated that the anti-doping prosecutor, given what it perceived as an absence of mitigating circumstances, would proceed in an aseptic manner: without proof that the intake was not intentional ('dolo'), the starting point for a sanction would be four years, with a potential reduction by half to two years. However, this scenario remains unconfirmed. It is alleged that the prosecution did not propose any formal plea bargain, and Pogba did not reject any offer. This is likely the result of a careful assessment by Pogba's lawyers, who may have concluded that the chances of securing a significantly reduced sentence through a plea bargain were slim.

The situation recalls the case of former Cagliari player Joao Pedro, for whom the anti-doping prosecutor requested a four-year ban, but the TNA ultimately handed down only six months. In that instance, the substance involved was a 'masking' diuretic, there was an assumption of responsibility by Brazilian trainers, and the 'incriminated' supplement was identified. Such clear-cut details might not be present in Pogba's case, making his path more challenging.

The main hearing is expected to be scheduled for the second half of January. Pogba's defense team will first aim to demonstrate the absence of intent ('dolo'), which could lower the risk threshold for the sanction to two years. Subsequently, they will need to convince the judges of the existence of specific mitigating circumstances. It is probable that scientific experts, in addition to lawyers, will be present in court to provide testimony and bolster the defense's argument. Even after the National Anti-Doping Tribunal's decision, the matter will not be entirely closed. There will be an option to appeal to the Court of Arbitration for Sport (CAS), and potentially, a further appeal to the Swiss Federal Court, which would effectively be the final stop in this intricate legal journey.

Ekhbary News Agency