CAS 2004/A/766 IAA.F v/ Athletics Australia & Stuart Lyall
In December 2001 the Australian Athlete Stuart Lyall was arrested on criminal charges for using and trafficking cocaine and ecstasy (methylenedioxymethamphetamine - MDMA). In April 2003 the Athlete pleaded guilty to the criminal charges against him and in May 2003 he was convicted on a number of counts, including the use of cocaine and trafficking ecstasy.
As a consequence of the criminal charges also anti-doping rule violations were reported against the Athlete in September 2003 followed by a number of significant admissions made by the Athlete that substantially shortened the length and lowered the cost of the hearing.
On 20 August 2004 the Athletics Austria Doping Control Tribunal decided to impose a 2 year period of ineligibility on the Athlete for trafficking. On 1 October 2004 the Tribunal decided to reinstate the Athlete immediately due to exceptional circumstances in this case.
Hereafter in December 2004 the International Association of Athletics Federations (IAAF) appealed the decision of the Athletics Australia with the Court of Arbitration for Sport (CAS). The IAAF requested the Panel to set aside the decision of Athletics Australia Doping Control Tribunal of 1 October 2004 and to impose a lifetime period of ineligibility on the Athlete.
The IAAF contended that Athletics Australia has no jurisdiction to consider exceptional circumstances and to allow the Athlete’s early reinstatement.
Considering the IAAF 2000 Procedural Guidelines for Doping Control the Panel concludes that the Athletics Australia Tribunal did not have the power to reinstate the Athlete (ultra vires). In the IAAF Guidelines this power lies exclusively with the IAAF Council only.
Therefore the Court of Arbitration for Sport decides on 20 October 2005 that:
1.) The appeal filed by the IAAF on 7 December 2004 is granted.
2.) The AUS decision of 1 October 2004 is amended as follows: Mr Stuart Lyall shall be declared ineligible for life.
3.) All other claims are dismissed.
4.) This award is rendered without costs, except for the Court Office fee of CHF 500 paid by the IAAF, which is retained by the Court of Arbitration for Sport.
5.) Each party shall bear its own costs.
