In August 2011 the Polish Rugby Union has reported an anti-doping rule violation against the Athlete Krzystof Hotowski after his sample tested positive for the prohibited substance oxilofrine.
The Athlete filed a statement in his defence and admitted he had used supplements and fatburners to lose weight.
He stated he didn’t know the supplements contained prohibited substances and paid less research of the ingredients of the supplements until he was notified of the positive test.
On 5 October 2011 the Games and Discipline Commission of the Polish Rugby Union decided to impose a reprimand on the Athlete.
In July 2012, due to the late delivery of the complete case file, WADA appealed the decision of the Polish Ice Hockey Federation 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 is granted in part 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.
Considering the circumstances the Court of Arbitration for Sports at the Polish Olympic Committee decides to impose a 6 month period of ineligibility on the Athlete.
