CAS 2016/A/4475 World Rugby v. Luke Willmott & Rugby Football Union
CAS 2016/A/4503 WADA v. Luke Willmott & Rugby Football Union
Related case:
UKAD 2015 Luke Willmott vs UKAD – Appeal
January 11, 2016
In June 2013, UK Anti-Doping (UKAD) received notification that the International Crime Team had seized a parcel addressed to the Athlete containing vials labelled Jintopirn (Human Growth Hormone, hGH). However analysis of the substance in the vials showed they did not contain hGH. The Athlete was interviewed by UKAD one year later in July 2014 and hereafter charged for attempted trafficking.
On 2 June 2015 the RFU Anti-Doping Panel decided to impose a 5 year period of ineligibility on the Athlete, starting on the date of the provisional suspension. The Athlete appealed and on 11 january 2011 the RFU Appeal Panel decided to reduce the sanction and to impose a 2 year period of ineligibility on the Athlete starting on 1 April 2014.
Hereafter in February and in March 2016 both World Rugby and WADA appealed the decision of the RFU Appeal Panel with the Court of Arbitration for Sport (CAS).
World Rugby and WADA requested the Panel to set aside the decision of 11 January 2016 of the RFU Appeal Panel and to impose a 4 year period of ineligibility on the Athlete.
After deliberations between the parties they informed CAS on 21 October 2016 that they had reached a Settlement Agreement and requested the Panel to ratify and incorporate the portion of the Settlement Agreement into a Consent Award.
Each of the parties agrees that:
1.) The decision on sanction (points 4.1.2. and 4.1.3. of the operative part of the Appeal Panel Decision) rendered by the Appeal Panel of the Rugby Football Union on 11 January 2016 is set aside.
2.) Mr Luke Willmott is sanctioned with a period of ineligibility of four years.
3.) The period of ineligibility shall commence on 15 August 2013, such that, for the avoidance of doubt, Mr Luke Willmott shall be entitled to return to training on 15 June 2017, and to competition on 15 August 2017.
4.) The remaining findings set out in the operative part of the Appeal Panel Decision remain in full force and effect.
5.) The costs of arbitration to be determined by the CAS Court Office shall be borne by World Rugby, the World Anti-Doping Agency and the Rugby Football Union in equal shares.
6.) The Parties shall each bear their own legal fees or other expenses incurred in connection with the CAS Appeal.
Therefore the Court of Arbitration for Sport (CAS) renders on 20 January 2017:
1.) The Panel, with the consent of World Rugby, World Anti-Doping Agency (WADA), Luke Willmott and Rugby Football Union, hereby ratify the relevant portion of the Settlement Agreement executed by the parties on 20 and 21 October 2016 (see Paragraph 36 of the present award) and incorporates its terms into this consent arbitral award.
2.) The arbitral procedures CAS 2016/A/4475 World Rugbyv Luke Willmott & Rugby Football Union and CAS 2016/A/4503 WADA v Luke Willmott & Rugby Football Union are terminated and deleted from the CAS roll.
3.) Each party is hereby ordered to perform the obligations and duties as per the Settlement Agreement referred to above.
4.) As per clause 5 of the Settlement Agreement signed on 20 and 21 October 2016, the costs of the arbitration, which shall be determined and separately communicated to the parties by the CAS Court Office, shall be paid by World Rugby, the World Anti-Doping Agency and the Rugby Football Union in equal shares.
5.) As per clause 6 of the Settlement Agreement signed on 20 and 21 October 2016, each party shall bear its/ his own legal costs and expenses.
6.) All other requests or prayers for relief are rejected.
