The South African Institute for Drug-Free Sport (SAIDS) has reported an anti-doping rule violation against the Athlete after she refused to provide a sample for drug testing on 5 August 2011.
The Athlete and the Doping Control Officer (DCO) were heard for the Disciplinary Committee.
The DCO testified that she was unable to conduct the required out-of-competition testing on the Athlete.
The Athlete pleaded not guilty to the charge and stated she was never notified to submit to a doping test; no request was made to her; she was never requested to submit any sample; she never refused to give a sample; and no warning was given to her.
The Committee concludes that the mere presence of the DCO at the Athletes home whilst engaging only the Athlete’s husband in discussion and failing to communicate with the Athlete, does not assist the SAIDS in discharging its onus of proving that notification of the requirement to submit to an out-of-competition test was given to the Athlete on 5 August 2011. The evidence before the Panel failed to establish that notification of the requirement that the Athlete submit to an out-of-competition test was given to the Athlete on 5 August 2011.
The failure on part of SAIDS and the DCO in this case means that the charge brought against the Athlete that she had committed an anti-doping rule violation is unsustainable.
Therefore The SAIDS Disciplinary Committee decides to dismiss the charge brought against the Athlete.
