Related cases:
- KNSB 2016 KNSB Preliminary Decision Disciplinary Committee 2016012 TU2
February 16, 2017
- KNSB 2016 KNSB Decision Disciplinary Committee 2016012 T
April 21, 2017
- KNSB 2018 KNSB Decision Appeal Committee 2016012 B
May 25, 2018
In February 2016 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the Person after his A and B samples tested positive for the prohibited substance recombinant human erythropoietin (rhEPO). After notification a provisional suspension was ordered. The Person filed a statement with evidence and objections in his defence and he was heard for the KNSB Disciplinary Committee.
The Athlete denied the use of prohibited substances and supported by an expert witness he disputed the validity of the test results. The Person asserted that there were irregularities in the laboratory procedures and complained that the laboratory file was incomplete. The Person invoked the principle of equality of arms due to these matters are harmful for his defence and requested that an independent expert will review this case. The person also argued that his medical condition could have caused a false positive test result.
The Dutch Dopingautoriteit and the KNSB argued that no departure from the ISL occurred in this case and that the Person failed to produce evidence for his arguments.
The Disciplinary Committee finds that the test results are valid and rejects the Person’s arguments about a false positive. The Committee upholds the Person’s request to appoint an independent expert in order to investigate the case file and the suggested departure of the ISL in the accredited laboratory.
Therefore on 20 December 2016 the KNSB Disciplinary Committee rules in this preliminary decision:
1.) The Dopingautoriteit wil provide additional information about the laboratory procedures and protocols for the independent expert.
2.) To invite the parties to respond about this matter within two weeks.
3.) To assign the parties to nominate an independent expert for this matter.
4.) To adjourn any further decision.
