Facts
The International Saling Federation (ISAF) charged Simon Baudney (athlete) for a violation of the Anti-Doping Rules. On 23rd June 2007 The athlete along with 5 or 6 other members of his team was tested as a part of the regular testing program. His sample revealed the presence of two metabolites of cocaine (Benzoilecgonina and Ecgonine Methyl Ester).
History
The athlete accepted that test were carried out, but he doesn't accept that metabolites of cocaine that had been found in his sample were in his body at the time of the test.
Decision
1. The 'chain of custody' aspects were less than perfect but the Jury is nevertheless satisfied that any shortcomings did not affect the Adverse Analytical Finding,
2. The Jury is satisfied that an Anti-Doping Rule violation has occurred in that there was the presence of two metabolites of a prohibited substance in the athlete's bodily specimen.
3. The Jury is completely satisfied that the athlete told the truth to the Hearing Body when he stated that he had not knowingly taken cocaine or any other banned substance,
4. Having regard to the nature and circumstances of the case, the Jury is satisfied that the athlete bears no fault or negligence with regard to the presence of the two metabolites in the bodily specimen.
5. There were no claims, nor was there any evidence of organised doping at team level by Alinghi, the athlete's team. The Jury was satisfied that the Alinghi Team provided comprehensive advice and facilities to its sailors regarding anti-doping matters,
6. In the circumstances of this case, the Jury took into consideration what would be expected of a responsible professional sailor in taking reasonable precautions to ensure that he would not take banned substances without his knowledge in today's America's Cup environment. The Jury considers that during the 32nd America's Cup, it was not reasonable to expect sailors to totally isolate themselves from public areas. In this context, the Jury is satisfied that the Adverse Analytical Finding was not caused by the negligence of the athlete.
7. The Jury has jurisdiction to assess whether Simon Daubney breached the Anti-Doping Rules and to decide if he committed any fault, but because the 32nd America's Cup has finished and there is no question of Team Alinghi being involved with organised doping, ISAF has the jurisdiction in respect of a penalty.
8. The Jury notes that Simon Daubney voluntarily stopped competitive sailing from 13th July 2007.
9. This decision will be delivered to: the athlete, his lawyer
