SAIDS 2012_34 SAIDS vs Charmaine Barnard

In August 2012 the South African Institute for Drug-Free Sport (SAIDS) has reported an anti-doping rule violation against the Athlete Charmaine Barnard for tampering or attempted tampering with the doping control process. After notification the Athlete filed a statement in her defence and was heard for the SAIDS Disciplinary Committee.

At the hearing the prosecution argued that there were numerous violations of protocol that the Athlete was required to observe – she was instructed not to enter the cubicle at the testing station, but proceeded to disobey this instruction; she had a brown bottle with ointment in her hand in breach of protocol; she refused to hand over the bottle; she could not produce the prescription for the ointment that she said she had; she failed to listen to the Doping Control Officer (DCO) after being instructed 4 times to comply. These actions constituted a breach of the rules.

The Athlete denied that she did co-operate with the process, and she did not try and to avoid any part of the sample collection. When she was selected for the test, she complied and was at all times aware that she may be tested. The sample was ultimately provided without any problem. It was placed on record that the Athlete was not present when the sample bottle was sealed and she was not informed that it would be tested. It was submitted that the administration of the test was not properly undertaken. The leading DCO had failed to inform the Athlete of her rights, and given her experience this was unacceptable.

The Committee finds that the Athlete is guilty of an anti-doping violation but does not consider this a second anti-doping violation due to the Athlete’s first violation took place in 1992, outside the 8 years limitation.
Therefore the SAIDS Disciplinary Committee decides to impose a 2 year period of ineligibility on the Athlete, starting on the date of the decision.

Original document

Parameters

Legal Source
National Decisions
Date
14 December 2012
Arbitrator
Breetzke, Andrew
Motaung, Sello
Peters, Beverley
Original Source
South African Institute for Drug-Free Sport (SAIDS)
Country
South Africa
Language
English
ADRV
Tampering / attempted tampering
Legal Terms
Notification / identification
Procedural error
Second violation
Statute of limitation
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
South African Institute for Drugfree Sport (SAIDS)
Medical terms
Physical injury
Treatment / self-medication
Various
Doping control
Lack of cooperation / obstruction
Misconduct
Sample collection procedure
Supplements
Document type
Pdf file
Date generated
25 June 2014
Date of last modification
6 February 2019
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