Related case:
World Rugby 2014 WR vs Maxim Gargalic (1)
November 28, 2014
On 28 November 2014 the World Rugby Judicial Committee decided to impose a 2 year period of ineligibility on the Moldovian Athlete Maxim Gargalic after he tested positive for the prohibited substance 19-norandrosterone (Nandrolone) starting on the date of the provisional suspension, i.e. 3 July 2014.
Hereafter World Rugby received information that the Athlete had played in 8 matches between July 2014 and September 2014 as breach of the previous ordered provisional suspension.
The Athlete did not dispute he played the matches during the provisional suspension and explained that he mistakenly believed that he was entitled to continue to play until the final decision was rendered.
The Judicial Committee finds that the Athlete is either wilfully blind or untruthful as to his understanding of the terms of the provisional suspension. There is no other plausible interpretation of the words “provisionally suspended” such that the Player might have reasonably believed that he was entitled to continue to play rugby. Further, the Regulations themselves are abundantly clear on the Player’s status while under provisional suspension.
Without mitigating circumstances the Judicial Committee decides on 29 June 2015 that the originally imposed sanction (two years) shall start over again on the date of the latest violation, i.e. 15 September 2014, including disqualification of his results obtained during the provisional suspension.
