Related cases:
- CAS 2008_A_1652 WADA & IRB vs Luke Troy & ARU - Preliminary Award
March 18, 2009 - CAS 2008_A_1664 IRB vs Luke Troy & ARU - Final Award
August 6, 2009
The dispute between the parties arises out of two seizures by the Australian Customs Service in February 2006 and in August 2006 respectively of packages which were sent by post addressed to the Athlete from the United Kingdom and the
United States respectively. Each package was sent by post to the Athlete as a result of orders he placed for certain products from an international website, bodybuilding.com.
Consequently in November 2008 ASADA reported an anti-doping rule violation against the Athlete for Possession and attempted use of the prohibited substances Testosterone in February 2006 and DHEA in August 2006.
However on 12 March 2008 the judicial committee of the Australian Rugby Union (ARU) dismissed the charges against the Athlete. Hereafter in March 2008 the International Rugby Union (IRU) appealed the ARU decision with the Court of Arbitration for Sport (CAS).
The Panel establishes that the Athlete knowingly had ordered products which he believed contained Testosterone and DHEA, paying for those products, and arranging, or assisting the arrangement of, their importation into Australia and delivery to him.
Given the Panel's finding that the Athlete believed the products he ordered contained testosterone and DHEA and the Athlete's own evidence that he intended to use those products personally, the Panel is also satisfied that the course of conduct was “planned to culminate in the commission of an ADRV.”
By lts Award the Panel ruled that Mr Troy had committed an anti-doping rule violation pursuant to By-Law 5.2.2 of the ARU Anti-Doping By-Laws by engaging in conduct pursuant to which he sought to acquire "Prohibited Substances" over the internet.
Ultimately in its Final Award the Cour of Arbitration for Sport decides on 6 August 2009 that:
1.) The period of ineligibility of Mr Luke Troy will be two years from 2 June 2009.
2.) The period of ineligibility of Mr Luke Troy will be reduced by a period of 28 days and will terminate on 5 May 2011.
3.) As agreed between the parties, each party will pay its / his own costs of the appeal.
