Related case:
KNWU 2005 KNWU Decision Disciplinary Committee 2005119 T
July 1, 2005
In July 2005 the Royal Dutch Cycling Federation (KNWU) has reported a second anti-doping rule violation against the Person after his A and B samples, provided in Canada in June 2005, tested positive for the prohibited substance recombinant human erythropoetin (rhEPO).
After notification the Person file a statement in his defence and he was heard for the KNWU Disciplinary Committee.
The Athlete stated that his team doctor had adminstered him injections and he disputed the reliability of the EPO test. His team doctor denied the administration of EPO and stated that he only had administered supplements.
However evidence showed that the Person previously already had admitted the use of doping to the media and to a KNWU official.
The Committee dismissed the Persons's arguments and concluded that the Person had committed an anti-doping violation. Therefore on 5 September 2005 the KNWU Disciplinary Committee decided on 5 September 2005 to impose a CHF 2000,- fine and a 2 year period of ineligibility on the Person, starting on the date of the decision.
Previously in April 2005 the Person tested positive for testosterone with a T/E ration above the WADA threshold. On 1 July 2005 the KNWU Anti-Doping Committee issued a decision that acquitted the Athlete from any charges related to a doping offence.
However the UCI appealed this KWNU decision with the Court of Arbitration for Sport (CAS) which decided in 2006 to annul the KNWU decision for acquittal and to impose a 2 year period of ineligiblilty.
Hereafter - already involved in an CAS proceeding - the Person filed an appeal with CAS in October 2005 against the KNWU decision of 5 September 2005.
Considering the Person was already sanctioned in the previous CAS decision as a first anti-doping violation the CAS Panel decided in 2006 to dismiss the Person's appeal and to impose a lifetime period of ineligiblilty on the Person.
