ABAE 2009 AIBA vs Jade Mellor - Appeal

Facts
The International Boxing Association (AIBA) appeals against the decision of the Anti-Doping Panel of the Amateur Boxing Association of England (ABAE) in the case of Jade Mellor (respondent). Respondent was imposed with a period of ineligibility of 6 months for the use of the specified substance bumetanide. The appellant considers that a 2 year ban is more appropriate.

History
The respondent had used the specified substance bumetanide, known as water pills, to reduce her weight. She didn't declare the substance on the filling form of the doping test.

Considerations tribunal
The Appeal Tribunal determined that by ingesting the specified substance she intended to enhance her sport performance, in the sense that she intended to ensure she was able to perform. The Appeal Tribunal concluded that the decision at first instance in that case - that for the purposes of Article 10.4.1 of the UKAD Rules the meaning of "sport performance" was restricted to the action or process of performing in the relevant athletic pursuit itself - was wrong, and that the words "to enhance the Athlete's sport performance" have a wider meaning, including the ability to perform at all.

Considerations respondent
The respondent claims to have used water pills in order to reduce the effects of her menstrual cycles and not for enhancing her sport performance.

Decision
The tribunal agrees with the Appellant’s appeal by substituting the period of Ineligibility of six (6) months to a period of Ineligibility of two (2) years commencing on 26 June 2009 and to end on 25 June 2011 (inclusive).

Original document

Parameters

Legal Source
National Decisions
Date
16 November 2009
Arbitrator
Johnson, Lorraine
McKenzie, Rod
Sever, Peter
Original Source
UK Anti-Doping (UKAD)
Country
United Kingdom
Language
English
Legal Terms
Admission
De novo hearing
No intention to enhance performance
Period of ineligibility
Sport/IFs
Boxing (IBA) - International Boxing Association
Other organisations
Amateur Boxing Association of England (ABAE)
Doping classes
S5. Diuretics and Other Masking Agents
Substances
Bumetanide
Document type
Pdf file
Date generated
17 September 2013
Date of last modification
21 September 2015
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