Facts
The International Rugby Board (IRB) alleges Edwin Shimenga (the player) for a violation of the Anti-Doping rules. When an urine sample provided in the course of a doping control test taken at the Rugby World Cup Sevens 2005 in Hong Kong on 15 March 2005, was found to have contained a Prohibited Substance, namely metabolites of hydrochlorothiazide.
History
The player accepted the results of the A sample. On 6 May 2005 the Union forwarded to the Board a completed abbreviated TUE
application form completed by the Player and his cardiologist. A Therapeutic Use Exemption (TUE) for hydrochlorthiazide requires a “full” application in accordance in a letter to the Board dated 12 May 2005, the Player admitted taking a prescription medication called “Atacand Plus” for the treatment of hypertension, which he had subsequently discovered to have contained hydrochlorthiazide. The Player was informed that a Board Judicial Committee (BJC) would be appointed to consider his case. The Player claimed that he was a victim of the failure of others to provide information concerning anti-doping. The Player clearly cannot establish that he bore No Fault or Negligence. He did not take all due care to prevent this violation.
Decision
Player is suspended for a period of two years commencing on 4 May 2005 (the date of his provisional suspension). During that time he will be subject to the conditions of ineligibility provided in
Regulation 21.22.7.
