SAIDS 2012_16 SAIDS vs Gideon Muller

In April 2012 the South African Institute for Drug-Free Sport (SAIDS) has reported an anti-doping rule violation against the Athlete Gideon Muller after his sample tested positive for the prohibited substances methandienone and boldenone. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and was heard for the SAIDS Disciplinary Committee.

The Athlete stated that he used supplements, provided by their pharmacist, for his training sessions in order to restore his energy in time for the next training camp.
The father of the Athlete, Mr. Muller snr, admitted that he arranged the supply of these supplements, a mixture of multi-vitamins and vitamin B, as recommended and provided by their pharmacist, after Gideon Muller showed fatique due to his extra training sessions.
Hereafter Mr. Muller snr saw that Gideon Muller was able to lift considerable heavier weights at the gym, he realised that the pharmacist had sent Gideon Muller the wrong substances.
Mr. Muller snr stated that the pharmacist was not prepared to provide a statement, because he appeared to be afraid of losing his licence.

The Committee accepts the statements of Mr. Gideon Muller and Mr. Muller snr and concludes that Mr. Muller snr was negligence with sending the wrong supplements to Mr. Muller, who had no reason to believe that his father would harm him intentionally. SAIDS also accepts Mr. Muller snr offer to provide substantial assistance in dealing with the pharmacis’t conduct.

Considering the circumstances in this bizarre and undisputed case the SAIDS Disciplinary Committee decides to impose a 18 month period of ineligibility on the Athlete, starting on the date of the notification, i.e. on 17 February 2012. 6 months of such 18 month period is suspended, on condition Mr Muller provides substantial assistance to SAIDS, the criminal authority or professional disciplinary body, which results in:
1.) SAIDS discovering or establishing an anti-doping violation by another Person; or
2.) a criminal or disciplinary body discovering or establishing a criminal offence or the breach of professional rules by another Person, within 6 (six) months of the date of decision i.e. by the 19 December
2012.

Original document

Parameters

Legal Source
National Decisions
Date
16 August 2012
Arbitrator
Branfield, Andy
Bush, John
Fredericks, Greg
Original Source
South African Institute for Drug-Free Sport (SAIDS)
Country
South Africa
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case law / jurisprudence
Negligence
Period of ineligibility
Substantial assistance
Suspended sanction
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
South African Institute for Drugfree Sport (SAIDS)
Laboratories
Bloemfontein, South Africa: South African Doping Control Laboratory
Doping classes
S1. Anabolic Agents
Substances
Boldenone
Metandienone (17β-hydroxy-17α-methylandrosta-1,4-dien-3-one)
Various
Athlete support personnel
Supplements
Document type
Pdf file
Date generated
25 June 2014
Date of last modification
15 August 2014
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