Related cases:
- CAS 2014_A_2 DFSNZ vs Kris Gemmell
December 1, 2014 - ST 2013_08 DFSNZ vs Kris Gemmell
February 12, 2014
Facts
Kris Gemmell, the athlete, appealed against the decision of the Court of Arbitration for Sport (CAS), dated December 1, 2014.
History
At first the athlete had not received a sanction for the allegation of a whereabouts violation in a decision from the sport tribunal of New Zealand, dated February 12, 2014. The Drug Free Sport New Zealand appealed against this decision before the CAS. The athlete was sanctioned by the court for a period of ineligibility of 15 months.
In accordance with the new ruling of 2015 the athlete applied for a lower penalty because of a Lex Mitior case.
The panel agrees with the appeal, a violation has been committed and the lowest penalty will be settled.
Decision
- Weighing the factors referred to above, the Tribunal has decided that it would be appropriate to reduce the period of ineligibility to expire at midnight on February 12, 2015, being a 12 month period equivalent to the minimum period that could have been imposed.
