Related cases:
- CAS 2014_A_2 DFSNZ vs Kris Gemmell
December 1, 2014 - ST 2015_01 Kris Gemmell vs DFSNZ
January 26, 2015
Facts
Drug Free Sport New Zealand (DFSNZ) filed an application for an Anti-Doping Rule Violation against Kris Gemmell, the athlete, in respect of two missed tests and a filing failure and, as a result, DFSNZ alleged the athlete had committed a “whereabouts” anti-doping rule violation. A violation is established when there were three missed tests and/or filing failures within an 18 month period. The factual assertions made by DFSNZ are:
- a missed test on August 28, 2012
- a filing failure on July 16, 2013 and
- a missed test on September 13, 2013.
History
The athlete denied he committed a whereabouts breach on August 28, 2012, and said that he was at the address given for his whereabouts in his relevant quarterly filing, he did not hear the tester at the door. In respect of the breaches on July 16 and September 13, 2013, he asserts no negligence on his part.
The panel considered: the case depended on establishing the specific facts to establish such a breach. On the evidence we have decided that the facts do not sufficiently establish a breach in respect to the 28 August charge including that the doping control officer did not do all that was reasonable to make contact.
Decision
The charge filed by DFSNZ is dismissed on 12 February 2014 by the Tribunal.
