In August 2011 the Polish Rugby Union has reported an anti-doping rule violation against the Athlete Tomasz Świadek after his sample tested positive for the prohibited substances oxilofrine and methylhexaneamine.
The Athlete filed a statement in his defence and admitted he had used a supplement as fat burner before the competition season. Before using he researched the ingredients of the supplement and found no prohibited substances on the label. However after the notification the Athlete found out that methylhexaneamine was mentioned on the label under the name of geranium oil extract.
The substance oxilofrine was not mentioned at all on the label of the supplement.
On 28 October 2011 the Games and Discipline Commission of the Polish Rugby Union decided to impose a 6 month period of ineligibility on the Athlete until 30 March 2012.
In July 2012, due to the late delivery of the complete case file, WADA appealed the decision of the Polish Rugby Union with the Court of Arbitration for Sports at the Polish Olympic Committee (Trybunał Arbitrażowy do Spraw Sportu przy Polskim Komitecie Olimpijskim).
WADA argued that the Athlete should be sanctioned with ineligibility for a period of 2 years and that there are no grounds for waiving or shortening the sanction.
The Tribunal rules that WADA’s appeal should be dismissed due to the fact that the violation occurred before 1 September 2011, i.e. before the Model Anti-Doping rules came into effect in Poland.
Here the principle of lex mitior appropriately applies under the circumstances of the case. The Polish Rugby Union Disciplinary Rules, in force before 1 September 2011, were more lenient for the Athlete, therefore the Tribunal found no grounds for modification of the imposed sanction.
The Court of Arbitration for Sports at the Polish Olympic Committee decides to dismiss WADA’s appeal and charges the appellant to bear the costs of the proceedings.
