In July 2015 the International Cycling Union (UCI) has reported an anti-doping rule violation against the Italian cyclist Fabio Taborre after his sample tested positive for the prohibited substance FG-4592.
After notification a provisional suspension was ordered. The Athlete waived an Acceptance of Consequences, he filed a statement in his defence and without a hearing for the UCI Anti-Doping Tribunal (UCI-ADT) an decision was rendered on the basis of the written submissions.
The Athlete denied the anti-doping violation and filed an objection to the jurisdiction of the UCI-ADT.
The Tribunal notes that it is reinforced in its jurisdictional ruling by the confirmation of NADO Italia, which supported both the jurisdiction of the UCI to conduct results management with respect to the Athlete, as well as the lack of conflicting jurisdiction of the TNA 2nd Section in the CONI ADR.
The Tribunal finds that the Athlete submitted a statement of defence that stated the he did not admit to the alleged anti-doping rule violation, but did not provide any other supporting evidence nor make any other assertions to support this statement. The Athlete submitted neither any arguments nor any evidence as to his position regarding the potential Consequences to the alleged anti-doping rule violation.
In considering the evidence before it, the Tribunal finds itself comfortably satisfied that the Athlete committed an anti-doping rule violation within the meaning of the UCI ADR.
Without grounds for a reduced sanction the UCI ADR decides on 25 May 2016 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 27 July 2015. The sanction is including disqualification of his results and payment of a fine and costs.
