Related case:
World Rugby 2014 WR vs Maxim Gargalic (2)
June 29, 2015
In July 2014 World Rugby reported an anti-doping rule violation against the Athlete Maxim Gargalic after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the World Rugby Judicial Committee.
The Athlete admitted the violation and claimed that he acted without fault. He explained that he underwent treatment in March 2013 for his shoulder injury by an orthopeadic doctor. The doctor prescribed medication and he assurred the Athlete that these medication did not contain prohibited substances.
However the prescribed medication Retabolin contains nandrolone and the Athlete failed to check whether the prescribed medication contained any prohibtied substances.
In his submission the doctor acknowledged that he didn't consider that the medication Retabolin is on the prohibited list for sportsmen. No evidence was led as to the plausibility of a nandrolone concentration remaining in the Athlete’s system over a year after receiving his last injection of Retabolil.
The Judicial Committee finds that the Athlete has committed the anti-doping violation without grounds for a reduced sanction.
The Committee concludes that the Athlete undertook no due diligence of his own and blindly took a series of injections following which he made a recovery that was significantly better than two surgeries had been able to achieve, he cannot establish that there was no fault or negligence on his part. All he needed to have done to be alerted to a concern about what he was taking was ask to see a product label for Retabolil or a basic search on the internet.
Therefore the World Rugby Judicial Committee decides on 28 November 2014 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 3 July 2014.
