World Rugby 2015 WR vs Lesedi Chery & Emmanuel Ntshiwa

In December 2015 World Rugby has reported anti-doping rule violations against the Botswanan rugby players Lesedi Chery and Emmanuel Ntshiwa after their samples tested positive for the prohibited substance Oxilofrine (methylsynephrine).

After notification a provisional suspension was ordered. The Athletes filed a statementen in theire defence and were heard for the World Rugby Judicial Committee.

Both Athlete’s admitted the violation, denied the intentional use of the substance and stated that they had used supplements during their training in South Africa. These supplements were purchased by their coach and provided by a local retailer of supplements. According to the retailer the purchased supplement Berserker was ‘athlete friendly’ and ‘legal’.

The Athlete’s coach acknowledged his failure and stated that he had researched the product Berserker on the internet and conducted a superficial check on the Prohibited List for the substance Methylsynepphrine and not for Oxilofrine, assuming hereafter that the product was safe.

Considering the statements World Rugby and the Judicial Committee accepts that the Athletes not intentionally ingested the prohibited substance and that the supplement Berserker was the source of the oxilofrine. The Committee concludes that both Athletes failed to demonstrate that they acted with no significant fault or negligence.

Therefore the World Rugby Judicial Committee decides on 22 April 2016 to impose a 2 year period of ineligibility on the Athletes Lesedi Chery and Emmanuel Ntshiwa, starting on the date of the provisional suspension, i.e. on 11 December 2015.

In a postcript the World Rugby Judicial Committee notes that the Botswana Rugby Union clearly failed in implementing anti-doping education programmes for rugby. It recommends that the Union implement such an anti-doping education programme and report to World Rugby about the details and progress of this implemented programme.

Original document

Parameters

Legal Source
Decisions International Federations
Date
22 April 2016
Arbitrator
Quinlan, Christopher
Readhead, Clint
Targett, Stephen
Original Source
World Rugby
Country
Botswana
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Case law / jurisprudence
Negligence
No intention to enhance performance
Procedural error
WADA Code, Guidelines, Protocols, Rules & Regulations
WADA Prohibited List International Standard
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
Botswana Rugby Union (BRU)
Laboratories
Lausanne, Switzerland: Laboratoire Suisse d’Analyse du Dopage
Doping classes
S6. Stimulants
Substances
Oxilofrine (methylsynephrine)
Various
Athlete support personnel
Education
Negligence in coaching duties
Supplements
Document type
Pdf file
Date generated
13 September 2017
Date of last modification
1 March 2023
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