CAS 2004/A/707 Mr. David Millar v The British Cycling Federation
As a result of an investigation in 2004 against certain members of the COFIDIS cycling team for possible doping offences, the residence of the British cyclist David Millar in Biarritz was searched and two used syringes found there. In consequence on 22 June 2004, he was arrested and held in custody by the French police. While in custody he admitted to doping offences.
On 1 July 2004 the Athlete was charged with possessing and using toxic substances. During his hearing by the Examining Magistrate, the Athlete explained he had taken Testosterone patches on one occasion and EPO on three occasions.
The Athlete explained the pressure placed upon him by his position as team leader, the need he faced to "produce results", and at the same time the personal isolation in which he found himself, all of which exacerbated his psychological vulnerability. Those factors in combination with a heavy race programme, various injuries, disappointing results in certain important races and consequential financial pressures made him succumb to the temptation to use prohibited substances.
On 6 August 2004 in the decision issued by the British Cycling Federation (BCF) a 2 year period of ineligibility and a minimum fine was imposed on the Athlete.
In this case the BCF considered:
- the Athlete gave a frank admission both to the French authorities and the BCF;
- the fact that he voluntarily stopped using banned substance prior to any investigation;
- the genuine contribution shown;
- his willingness to assist young riders to help them avoid falling into the trap of taking banned substances;
- the gravity of the consequences of the penaly for his sporting and economic position and the risk to his professional career.
Hereafter in August 2004 the Athlete appealed the BCF decision with the Court of Arbitration for Sport (CAS).
The Athlete accepted the fine and disqualification penalties and requested the Panel for a reduced sanction. The BCF argued that the imposed sanction was proportional and lenient while he deliberately had used doping and only admitted the offences after he was caught.
In view of the circumstances and the lenght of the sancion the Panel considers that it is necessary to have regard to the indisputable fact that notwithstanding the Athlete’s sincere change of heart in autumn 2003, his doping offence was a very serious one.
Given the particular circumstances of this case - in which the Athlete was arrested by the French police and admitted, before his discharge from custody, to being guilty of doping, thereby de facto excluding himself from the Tour de France and any other forthcoming competitions, while at the same time promptly announcing he was withdrawing from the British Olympic team for Athens - the Panel considers the 2 year suspension should in fairness take effect from the date of his arrest.
Therefore the Court of Arbitration for Sport decides on 17 February 2005:
1.) The appeal filed by David Millar on 23 August 2004 is partially upheld.
2. The decision of 6 August 2004 issued by BCF is modified in accordance with paragraph 3.
3.) Millar’s two-year suspension from all forms of cycling competition is maintained, except that the said suspension takes effect on 24 June 2004 and ends on 23 June 2006.
4.) This award is rendered without costs, except for the Court Office fee of CHF 500.-- (five hundred Swiss Francs) already paid by the Appellant, which shall be retained by the CAS.
5.) Each party shall bear its own costs.
