CAS 2008/A/1652 Appeal by WADA v Mr Luke Troy & ARU
CAS 2008/A/1664 Appeal by IRB v Mr Luke Troy
Related cases:
- CAS 2008_A_1664 IRB vs Luke Troy & ARU - Final Award
August 6, 2009 - CAS 2008_A_1664 IRB vs Luke Troy & ARU - Partial Award
August 6, 2009
In September 2008 both the World Anti-Doping Agency (WADA) and the International Ruby Board (IRB) appealed a decision of the Judicial Committee of the Austrailian Rugby Union (ARU). In this Appealed Decision the Judicial Committee decided to dismiss an allegation that Mr. Luke Troy had committed and anti-doping rule violation under the ARU Anti- Doping By-Law, Clauses 5.2.2 and 5.2.6.
WADA requested that the Court of Arbitration for Sport (CAS) conduct a de novo hearing on the issues in accordance with the Code of Sports-related Arbitration (CAS Code) and sought a finding that Mr. Luke Troy had committed an anti-doping rule violation by purchasing over the internet the prohibited substances DHEA and testosterone-1.
The CAS Panel determines that WADA has failed to seek a review within the time provided for in the ARU By-law and therefore has also failed to comply with R47 of the CAS Code which requires that an appellate has exhausted the legal remedies available to him prior to the appeal, in accordance with the statutes or regulation of the sports-related body.
By contrast the Panel determines that the appeal by the IRB was made within the set time limits contained in IRB 21.
Therefort Court of Arbilration for Sport decides on 18 March 2009:
1.) The appeal by WADA (CAS 2008/A/1652) is inadmissible and is dismissed.
2.) The appeal by IRB (CAS 2008/A/1664) is admissible.
