CAS A1_2013 ASADA vs Jarrod Bannister

CAS A1/2013 Australian Sports Anti-Doping Authority vs. Jarrod Bannister

In March 2013 the Australian Sports Anti-Doping Authority (ASADA) reported an anti-doping rule violation against the Athlete Jarrod Bannister for his Whereabouts Filing Failures and 3 Missed Tests.

The Athlete admitted the violation, however he disputed that his Whereabouts Filing Failure on 31 July 2012 was inexcusable.

In this matter the Athlete failed to report the room number where he stayed in the hotel in Cologne, Germany. As a result the Doping Control Officer (DCO) couldn't locate the Athlete. Due to the hotel used the system of shared rooms only the first person was recorded and not the second. The Athlete was the second person and therefore not registered by the hotel. Furthermore the DCO was told by the receptionist that the Athlete allready had checked out.

In view of the circumstances in this case the Sole Arbitrator concludes that the Whereabouts Filing Failure and Missed Test of 31 July 2012 was to some extent excusable. Although the Athlete acted with a significant degree of fault the Sole Arbitratior deems that there are grounds for a more reduced sanction.

Therefore the Court of Arbitration for Sport decides on 22 July 2013 that:

1.) The Athlete has breached Article 6.4 of the Athletics Australia Anti-Doping Policy.

2.) That the Athlete's period of ineligibility in respect of that breach be one of twenty months commencing on 19 June 2013 and finishing at midnight on 18 February 2015.

3. That, in accordance with Article 17.5.3 of the Athletics Australia Anti-Doping Policy, each party shall bear in equal proportions the CAS fee and shall otherwise bear their own costs of this proceeding.

Original document

Parameters

Legal Source
CAS Miscellaneous Awards
Date
22 July 2013
Arbitrator
Sullivan, Alan John
Original Source
Court of Arbitration for Sport (CAS)
Country
Australia
Language
English
ADRV
Missed test
Whereabouts
Legal Terms
First instance case
Negligence
No intention to cheat
Period of ineligibility
Principle of fairness
Sole Arbitrator
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Australian Sports Anti-Doping Authority (ASADA)
Document type
Pdf file
Date generated
24 September 2013
Date of last modification
5 December 2022
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