Facts
The UK Anti-Doping (“UKAD”) charges Roderick Attard ("player") for commission of a Doping Offence in breach of Article 2.1 of the Anti-Doping Rules. The player provided a sample of urine on January 19, 2010. Analysis of that sample revealed the presence of 19-norandrosterone and 19-noretiocholanolone, the metabolites of the prohibited substance nandrolone.
History
The player is a Maltese national who was born in, and who has lived almost all his life in Malta. Since about 2007 the player had suffered from a shoulder injury. Following investigations, in November 2008, surgical stabilization of the shoulder was performed. The player frankly said that he knew that what was being recommended was a prescription drug, and that although he did not know the precise substance he knew that it was some form of steroid or steroid based drug. After the sample had been given the player declared in Box 25 on the sample form the following use of a drug – injection in shoulder in Nov 2009 as part of rehab pro as part of shoulder reconstruction.
the player raised the following arguments:
1. He should be granted a retrospective Therapeutic Use Exemption (“TUE”).
2. He had acted without fault or negligence.
3. He had acted without significant fault or negligence.
4. He had admitted the violation in the absence of other evidence.
Conclusion
1. The tribunal finds that the breach charged by the UKAD is made out and dismiss each of the mitigating arguments advanced by the player. The consequence is that the mandatory period of 2 years ineligibility for a first violation prescribed by Article 10.2 of the Anti-Doping Rules must be imposed.
2. The effect of Article 10.9.3 of the Anti-Doping Rules is that period of ineligibility shall commence on the date of the player’s provisional suspension, namely March 2, 2010. The player’s plea that the period should commence on January 19, 2010, cannot be entertained because he did not give written notice of any voluntary provisional suspension from the date: the fact that he may not have played since then is not in itself sufficient.
3. Accordingly, the tribunal declares that the player shall be subject to a period of ineligibility of two years commencing on March 2, 2010. During that period the player shall not be permitted to participate in any capacity in a competition or in any other capacity (other than authorized Anti-Doping education or rehabilitation programs) organized, convened, or authorized by the RFL or by any body that is a member or, or affiliated to, or licensed by the RFL.
