Related case:
ISR 2012 KNKF Decision Disciplinary Committee 2012037 T
November 29, 2012
On 26 November 2012 the Royal Netherlands Power Sport and Fitness Federation (KNKF) Disciplinary Committee decided to impose a 6 year period of ineligibility on the Athlete after he refused to provide a sample for drug testing committed as second violation.
Hereafter in December 2012 the Athlete appealed the KNKF Disciplinary Committee Decision of 26 November 2012 with the KNKF Appeal Committee.
The Athlete submitted that the DCO made procedural errors in this case and he did not refuse to provide a sample but only referred the DCO to his coach to rule about the validity of the doping control. The Athlete argued that he didn't state to the DCO that he refused to provide a sample, therefore there was no violation of the anti-doping rules.
The Appeal Committee concludes that there was no explicit refusal to provide a sample in this case and therefore no anti-doping rule violation.
On 4 March 2013 the KNFF Appeal Committee decides to set aside the KNKF Disciplinary Committee Decision of 26 November 2012 and to acquit the Athlete. Fees and expenses for this committee shall be borne by the KNKF.
