FISA 2004 FISA vs Helfried Jurtschitsch, Martin Kobau & Norbert Lambing

In August 2003 the International Federation of Rowing Associations (FISA) has reported an anti-doping violation against the Austrian Athletes Helfried Jurtschitsch, Martin Kobau and Norbert Lambing after their A and B samples tested positive for the prohibited substance norandrosterone.
FISA notified the Athletes and ordered a provisional suspension. The Athletes filed statements in their defence and were heard for the FISA Commission of Enquiry in January 2004.

The Athletes stated the used a supplement Mega Ribosyn since 2001. Before using the Athletes researched the ingredients of the supplement and consulted the website of their National Anti-Doping Agency and the list of the Seibersdorf Laboratory which is accredited by the IOC and WADA. The list indicated in which shop the supplement should be bought and the lot number which has been tested. However the Athletes did not pay attention to the lot number when they purchased the product.

After the Athlete’s adverse result the supplement Mega Ribosyn has been re-tested. Some capsules in the same box contained 0.02 ng/ml of norandrosterone and others 20 ng. Hereafter the product was removed from the Seibersdorf website in August 2004. The complete list was also removed from the website.
The Athletes argued that they have not been able to train normally since they tested positive. The lost some grants and have not been to training camps. In addition the sponsors have rejected them and they have received a lot of criticism in newspapers.

From the files and from the hearing for the Commission of Enquiry, the FISA Executive Committee concludes that the Athletes had no intention to enhance sport performance and no significant negligence due to the Athletes did everything possible to avoid using prohibited substances.

With lex mitior and very small negligence the FISA Executive Committee decides to impose a 6 month period of ineligibility on the Athletes, starting on the date of the provisional suspension, i.e. on 21 August 2003.

Original document

Parameters

Legal Source
Decisions International Federations
Date
25 January 2004
Arbitrator
DeFrantz, Anita
Masseglia, Denis
Oswald, Denis
Smith, Tricia C.M.
Sweeney, Mike
Original Source
International Federation of Rowing Associations (FISA)
Country
Austria
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Lex mitior
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Rules & regulations International Sports Federations
Strict liability
WADA Code, Guidelines, Protocols, Rules & Regulations
Sport/IFs
Rowing (WR) - World Rowing
Laboratories
Seibersdorf, Austria: Seibersdorf Labor GmbH Doping Control Laboratory
Analytical aspects
B sample analysis
Doping classes
S1. Anabolic Agents
Substances
19-norandrostenedione (estr-4-ene-3,17-dione)
Various
Contamination
Supplements
Document type
Pdf file
Date generated
27 January 2014
Date of last modification
18 February 2014
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