UKAD 2015 UKAD vs Bernice Wilson
March 8, 2016
Related cases:
- UKAD 2011 UKAD vs Bernice Wilson
September 13, 2011
- UKAD 2011 Bernice Wilson vs UKAD - Appeal
January 19, 2012
- UKAD 2015 UKAD vs Georgios Skafidas
February 22, 2016
In 13 September 2011 the National Anti-Doping Panel Arbitral Tribunal decided to impose a 4 year period of ineligibility on the Athlete Bernice Wilson after her sample tested positive for the prohibited substances testosterone and clenbuterol. The Athlete’s appeal was dismissed on 19 January 2012 because all of her arguments were entirely without merit.
In February 2015 the United Kingdom Anti-Doping (UKAD) has reported a second anti-doping rule violation against the Athlete after her sample tested positive for the prohibited substance clomiphen. The sample was provided out-of-competition in her period of inegligibility she already served until 8 July 2015 as sanction for her first violation. After notification UKAD ordered a provisional suspension starting on 8 July 2015.
The Athlete gave a prompt admission including substantial assistance to UKAD and accepted a reduced sanction. The Tribunal had to rule whether the period of ineligibility for the second anti-doping rule violation should be a period of 10 months starting on 12 February 2015 (date of the sample collection) or 8 July 2015 (start of the provisional suspension).
The Athlete argued that the IAAF Rules have no separate provision specifically for a situation such as has arisen in the present case. Accordingly the IAAF Rules should be applied in the context of the sanction being imposed regardless of some other sanction (for the first violation). If there is an anomaly in the IAAF Rules, that is something for the rule makers to cure by amendments of the rules. If there is an ambiguity or an anomaly, then the IAAF Rules should be applied contra proferentem and hence in favour of the Athlete.
The Tribunal accepts the Athlete’s argument and concludes that there is no alternative but to apply the IAAF Rules as it stands without the contra proferentem principle.
Therefore on 8 March 2016 the National Anti-Doping Panel Arbitral Tribunal decides to impose a 10 month period of ineligibility on the Athlete starting on 12 February 2015 until 12 December 2015.
The Athlete is free to compete since 12 December 2015.
