Related case:
SAIDS 2012_01 SAIDS vs Juan-Dre Du Toit
January 31, 2012
On 31 January 2012 the SAIDS Disciplinary Committee decided to impose a 2 year period of ineligibility on the Athlete after he tested positive for the prohibited substances 19-norandrosterone and 19-norethicholanolone (metabolites of Nandrolone).
The International Rugby Board (IRB) appealed the decision of the Disciplinary Committee on the fact that the Committee failed to give the Athlete credit for the period of the Provisional Suspension as required by Article 10.9.2 of the SAIDS Anti-Doping Rules.
SAIDS submitted that the onus was on the Athlete to prove that he served his provisional suspension. No such proof was placed before the Commission and it was therefore correct for the Committee not to give the Athlete credit for the period of the provisional suspension. In addition SAIDS argued that the period of ineligibility was not set to start on the date of the provisional suspension because the Athlete nor his mother were willing to co-operate with SAIDS.
The Anti-Doping Appeal Tribunal of South Africa notes that neither SAIDS nor the Committee has the authority to make such a determination on the basis of the non-co-operation of the Athlete. There is also no evidence to the effect that the Athlete did not honour his provisional suspension.
Therefore the Anti-Doping Appeal Tribunal of South Africa rules:
1.) The appeal of the IRB is admissible.
2.) An Athlete who has been served with a provisional suspension notice is presumed to have respected such suspension until the contrary is proved.
3.) The decision of the SAIDS Disciplinary Committee related to the date of the start of the sanction (19 January 2012) is set aside and substituted with 11 Augustus 2011 as the starting date of the 2 year period of ineligibility period.
