Court quashes doping accusation against doctor Marcos Maynar - Prison sentence upheld but "insufficient evidence" in doping accusation

Cycling
Marcos Maynar, acusado de dopaje © EFE
The Provincial Court of Cáceres has upheld the conviction of doctor Marcos Maynar and his assistant Ignacio Bartolomé Sánchez for trafficking unauthorised medicines, while maintaining Maynar’s acquittal on the doping charge. The Second Section dismissed the appeals filed by both defendants and by the Comisión Española para la Lucha Antidopaje (CELAD), which sought to have the doctor convicted of the latter offence as well.
The ruling, issued on September 14th, fully confirms the judgment of May 28th 2026. Maynar keeps a two-year prison sentence, a nine-month fine at a daily rate of ten euros, and a 21-month special disqualification from any profession or occupation related to physical or sports training or to medicine. The special disqualification from standing for public office for the duration of the sentence also remains in place.
In the case of Bartolomé Sánchez, the Court maintains nine months in prison, a seven-month fine at ten euros per day, and nine months of special disqualification from professional activities linked to physical or sports training or to medicine. As with Maynar, the special disqualification from standing for public office for the duration of the sentence is also maintained.
The defence teams appealed various aspects of the proceedings, challenging, among other points, the investigative steps, wiretaps, chain of custody, and analyses conducted on the seized substances. However, the Provincial Court rejects these arguments and finds no grounds to amend the first-instance ruling.

Doping not proven

A central pillar of the appeals was CELAD’s bid to have Maynar convicted of a doping offence. The agency argued that sending several ampoules of menotropin to a masseur of a cycling team was sufficient to establish the offence. In the alternative, it sought to annul the judgment and return the case to the trial court for a fresh assessment of the evidence.
The Provincial Court rejects both requests. It notes that the doping offence requires proof of “a specific danger to an athlete’s health” and considers that, in this case, there is insufficient evidence to establish that the substance sent by Maynar ultimately reached the rider; according to EFE.
Specifically, the ruling states it has not been proven that the menotropin ampoules were later handed to the rider or that he ever came into contact with the substance. It also finds unproven that the rider’s subsequent physical issue originated in any potential administration of menotropin.

Court rejects CELAD’s subsidiary request

The Court likewise rejects CELAD’s subsidiary request, holding that the trial court’s evaluation of the evidence was neither “irrational nor insufficient.”
As a result, it leaves Maynar’s acquittal on the doping charge intact, while confirming the convictions related to trafficking unauthorised medicines.
The ruling further orders the appellants who challenged the judgment to bear the costs of the appeal, while those related to CELAD’s appeal are declared ex officio. However, the case is not necessarily closed, as a cassation appeal for breach of law may still be prepared before the Supreme Court.
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