CAS A4/2007 ASADA v/ Andrew Wyper
In November 2005 the Athlete Andrew Wyper was charged with the criminal offence of importing prohibited products following quantities of human growth hormone and (hGH) and Erythropoietin (EPO) were seized in Sydney by the Department of Customs on their arrival into Australia. In November 2006 the Athlete entered a plea of guilty and was fined $2,000.
Thereupon the Australian Sports Anti-Doping Authority (ASADA) reported anti-doping rule violations against the Athlete for constructive possession of a prohibited substances, and attempted use of a prohibited substances.
Whilst The Athlete had admitted to the facts which are necessary to support the ingredients of the criminal offence of importing prohibited imports, he disputed that the admitted matters established the two violations alleged by ASADA.
In essence the Athlete asserted that the elements in the criminal offence of importing EPO and hGH differed from the elements of the two violations of the terms of the Anti-Doping Policy which were alleged by ASADA.
In view of the evidence the Sole Arbitrator determines that the allegation of possession of prohibited substances does not stand because the prohibited substances were intercepted by the Australian Department of Customs.
The Sole Arbitrator deems that the Athlete had committed an anti-doping rule violation for use of the prohibited substances. The Arbitrator finds that there was sufficient evidence that the Athlete had investigated the use of prohibited substances and had ordered specific quantities of both hGH and EPO.
Therefore the Court of Arbitration for Sport rules on 21 August 2008:
1.) On or about 18 October 2005 Mr Wyper committed an Anti-Doping Rule Violation of attempting to use hGH and EPO which were prohibited substances under the Cycling Australia Anti-Doping Policy.
2.) Mr Wyper is ineligible to compete in cycling races for a period of two years starting from 7 February 2008.
3.) All competitive results obtained by Mr Wyper from 18 October 2005 shall be invalidated with all resulting consequences including forfeiture of any medals, points and prizes.
4.) Cycling Australia shall bear the costs of the Court of Arbitration for Sport in these proceedings.
5.) This Award be made public.
