Related case:
NADO Flanders 2016-024 Joe Fournier vs NADO Flanders - Appeal
On 30 March 2017 United Kingdom Anti-Doping (UKAD) published the original appeal decision of the NADO Flanders Disciplinary Council about the Athlete Joe Fournier and its translation of the decision on the UKAD website.
On 6 December 2016 the NADO Flanders Disciplinary Commission decided to impose a € 4000,- fine and a 4 year period of ineligibility on the Britsh boxer after his A and B samples tested positive for the prohibited substance sibutramine.
Hereafter the Athlete appealed the decision of 6 December 2016 with the NADO Flanders Disciplinary Council. The Athlete filed several objections in his defence against the previous decision and he was heard for the Disciplinary Council.
At first the Athlete challenged the validity of the test results but pending the appeal he accepted these results.
Instead the Athlete could produce evidence demonstrating that the prohibited substance entered his system due to the dietary supplement ‘Perferct Shape’. The supplement in this matter was used out-of-competition and mentioned on the Doping Control Form as recommended and provided by his trainer. The filed analysis reports of the this supplement showed that the was contaminated and the presence of the substance sibutramine wasn’t mentioned as ingredient on the label of the product.
On the basis of the new evidence the Disciplinary Council finds that the Athlete has established that the prohibited substance entered his system through the use of the contaminated supplement.
Considering the Athlete’s degree of fault in this case and without intention to enhance sport performance the Disciplinary Council concludes that there are grounds for a reduced sanction.
Therefore the NADO Flanders Disciplinary Council decides to partially reform the decision of the Disciplinary Commission of 6 December 2016 and to reduce the imposed sanction of 4 years to a 18 month period of ineligibility starting on 6 December 2016.
Fees and expenses for this Council shall be borne partially by the Athlete.
