Related cases:
- KNSB 2016 KNSB Preliminary Decision Disciplinary Committee 2016012 TU1
December 20, 2016
- KNSB 2016 KNSB Preliminary Decision Disciplinary Committee 2016012 TU2
February 16, 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 issuea 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 Dopingautoriteit and the KNSB argued that no departure from the ISL occurred in this case and that the Person failed to produce evidence in support of his arguments.
In the first preliminary decision of 20 December 2016 the Disciplinary Committee ruled that the test results were valid and rejected the Person’s arguments about a false positive. The Committee granted 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. Also the Committee ordered the Dopingautoriteit to provide additional information about the laboratory procedures and protocols for the independent expert.
The parties were assign to nominate an independent expert for this matter.
In the second preliminary decision of 16 February 2017 the KNSB Disciplinary Committee decided to appoint the requested independent expert. In spite of the objections submitted by the Dopingautoriteit the Disciplinary Committee finds that the Dopingautoriteit has to provide additional information for the independent expert.
Considering the preliminairy decisions the Dopingautoriteit submitted that it can not and will not provide the additional information about the laboratory procedures and protocols for the independent expert in this case and that all the relevant documents were already in possession of the Disciplinary Committee.
The Disciplinary Committee finds that the Dopingautoriteit's refusal to provide the additional information is harmful and an obstruction for the Person's defence to prove that a departure from the ISL occurred. Due to this obstruction the Committee rules that a fair trail and proper judicial procedure under the ECHR Rules are not longer possible anymore.
Therefore on 21 April 2017 the KNSB Disciplinary Committee decides to dismiss the charge and to acquit the Person.
