Facts
The International Rugby Board (IRB) alleges Vakhtang Mdzinarishvili (the player) for a violation of the Anti-Doping Rules. On 27 April, 2008, at the IRB Junior World Trophy Tournament held in Santiago, Chile, he was selected for an in-competition doping test for which he provided an urine sample. His sample tested positive on a very high level of metabolites of cannabis. Cannabis is a prohibited substance on the World Anti-Doping Agency (WADA) prohibited list 2008 and regarded as a specified substance.
History
The player was very upset because his team lost its match on 24 April 2008. He decided late in the evening to leave the team hotel on his own and make his way to a bar (unnamed) in Santiago where he accepted from an unidentified local person with whom he had become acquainted, a large cannabis cigarette which, without thinking of the consequences, he smoked in full. He stated he had not previously smoked cannabis. He stated that he also accepted the cigarette because he had sustained a painful injury during the match. Following his consumption of the cannabis, he felt sick. Because of the effects of the cannabis, on reflection, the player thought the cannabis must have been potent. He didn't use the cannabis to enhance his sport performances.
Decision
It is considered that a starting point of six months suspension reduced to four months would have been appropriate based, inter alia, on the basis of previous decisions involving cannabis use and the fact that the player's consumption irrespective of the level reported in his sample was not performance enhancing. Further the lack of supporting evidence confirming that the player had suffered a painful injury during the match was not a relevant consideration.
Accordingly, the period of suspension should commence from 27 May 2008 (being the date of the provisional suspension) until 31
December 2008. In broad terms, this period takes into account the break in the rugby season in Georgia during the period July to September.
Costs
Submissions should be provided in time.
