UKAD 2010 Matthew Duckworth vs UKAD - Appeal

Facts
Matthew Duckworth (player) appeals against the decision of the National Anti-Doping panel dated October 12, 2010. The player had committed an anti-doping rule violation because of the positive result of a doping test taken on August 8, 2010. The prohibited substance methylhexaneamine (MHA) was detected.

history
The player was playing rugby league since the age of 16. Due to a car accident in 2008 he underwent physiotherapy rehabilitation. In 2009 he returned to the rugby league. He used the supplement Jack3d which, in his belief, helps him to wake up and get out in the morning. He doesn't use it on match days and he didn't write down the use of it on the form during the doping test. Jack3d is regarded to be the cause of the positive test, he took a provisional suspension on September 1, 2010.

considerations player
The substance MHA is with effect from January 1, 2011, a specified substance instead of a non-specified substance, which invokes the principle of "lex mitior".

considerations panel
There is no indication that the MHA was taken to enhance sport performance.
Warnings about the supplement Jack3d were issued in the summer of 2010.

decision
The panel allows the Appeal and substitutes a period of ineligibility of 6 months commencing at 9 am on 1 September 2010, the time on which the provisional suspension was imposed. This is a Decision on Appeal under Rule 13 of the National Anti-Doping Panel Procedural Rules, neither the athlete nor UK Anti-Doping has any further right of appeal.

Original document

Parameters

Legal Source
National Decisions
Date
10 January 2011
Arbitrator
Phillips, David
Quinlan, Christopher
Vernon, Judy
Original Source
UK Anti-Doping (UKAD)
Country
United Kingdom
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
De novo hearing
Lex mitior
Mitigating circumstances
Period of ineligibility
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
UK Anti-Doping (UKAD)
Doping classes
S6. Stimulants
Substances
4-Methylhexan-2-amine (methylhexaneamine, 1,3-dimethylamylamine, 1,3 DMAA)
Various
Contamination
Supplements
Document type
Pdf file
Date generated
15 August 2013
Date of last modification
6 April 2016
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