In December 2004 Antidoping Norge (Anti-Doping Norway) has reported an anti-doping rule violation against the Athlete David Morgan after his sample tested positive for the prohibited substance ephedrine.
After notification the Athlete’s basketball club in Norway terminated the Athlete’s contract due to the positive test and the Athlete returned to Canada.
In January 2005 the Athlete filed a statement in his defence with Antidoping Norge and admitted he used a supplement and did not know it contained a prohibited substance.
In March 2005 the Athlete requested to be heard for the FIBA Commission. On 5 April 2005 the FIBA Commission concluded that the Athleteacted negligently without intention to enhance his performance and decided to impose a 4 month period of ineligibility, starting on 18 December 2004.
Hereafter in April 2005 WADA appealed the FIBA decision of 5 April 2005 with the FIBA Appeals Commission.
WADA requested the Appeal Commission to set aside the FIBA Commission decision and to impose a 2 year period of ineligibility on the Athlete. WADA argued that the Athlete’s sample had a high concentration of the prohibited substance due to his intention to enhance his sport performance and not due to the use of a contaminated food supplement.
The Sole Arbitrator concludes that the FIBA Commission made a procedural error in this case because they imposed a limited power of review on itself in relation to the Athlete’s statement.
Therefore the Sole Arbitrator of the FIBA Appeals Commission decides to set aside the Decision of 5 April 2005 and to refer the case back to the FIBA Commission to be re-decided.
