Facts
The International Rugby Board (IRB) alleged Nelo Lui, the respondent for a violation of the Anti-Doping Rules. The respondent was not at the address he had provided for an out-of-competition doping test.
History
The Doping Control Officer (DCO) knocked the door of the respondent for an out-of-competition doping control on November 26, 2006. The respondent no longer lived on that address. When the DCO contacted him by phone he refused to give his address and said he was not going to undergo a doping test. The respondent was provisionally suspended.
The respondent claims he was not familiar with the doping procedure and he did not want a stranger at his door because of the safety of his family. Beside that at the moment he was called by the DCO he was at a working site. He had stopped playing in the national team and played only locally. The Player stated that he was never informed that he was part of an testing pool. Although he had played in international competition he did not recall having ever received doping control information or having signed a Player Consent and Agreement form. He acknowledged that upon being contacted by the DCO he made no attempt to find out from USA Rugby what was going on.
The panel takes into consideration that the respondent had not played anymore for four years before becoming part of the testing pool. Also they considered that the respondent had not been informed about being part of the testing pool. The respondent's consideration for the safety of his family is accepted. The panel als considers that the DCO had not made alternative arrangements.
Decision
The Player's provisional suspension is lifted, with immediate effect.
