MFA 2017 Dean Camilleri vs Malta Football Association - Appeal

On 10 January 2017 the Malta Football Federation (MFA) Control and Disciplinary Board decided to impose a 4 year period of ineligibility on the football player Dean Camilleri for his refusal or failure to submit to sample collection. Here the Athlete failed to attend the hearing of the MFA Disciplinary Board.

Hereafter in January 2017 the Athlete appealed the MFA decision at the MFA Board of Appeal.

The Athlete argued that he had not received the Notification and therefore failed to attend the First Instance Hearing while he wished the make a statement in his defence. The Athlete asserted that he is a waterpolo player for 24 years and only a football player in the winter season. He testified that as a waterpolo player he was tested several times without issues and had never before refused to provide a sample.

The Athlete explained that during the competition in question he had permission from his coach to leave because he had problems at home when he was told that he was selected for a sample collection. Because of the problems at home he decided to leave. Considering the circumstances the Athlete requested the Board of Appeal for a reduced sanction.

The Board of Appeal accepts the Athlete’s explanation, as supported by evidence, that he had to leave because of urgent problems at home and that there was no evidence that he refused because he had used doping. The Board concludes that the violation was not intentional and that the Athlete established No Significant Fault or Negligence.

Therefore the MFA Board of Appeal decides 23 March 2017 to reduce the sanction and to impose a 2 year period of ineligibility on the Athlete, starting on the date of the Notification, i.e. 12 December 2016.

Original document

Parameters

Legal Source
National Decisions
Date
23 March 2017
Arbitrator
Borg, Anthony
Cuschieri, Ronald D.
Scicluna, Victor
Original Source
National Anti-Doping Organisation of Malta (NADOMALTA)
Country
Malta
Language
Maltese
ADRV
Refusal or failure to submit to sample collection
Legal Terms
ADRV Notice
Circumstantial evidence
No intention to cheat
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Sport/IFs
Football (FIFA) - International Football Federation
Other organisations
Malta Football Association
Various
Doping control
Document type
Pdf file
Date generated
13 April 2017
Date of last modification
25 June 2019
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