UKAD 2017 UKAD vs Stephen Costello

In June 2017 the UK Anti-Doping (UKAD) has reported an anti-doping rule violation against the 60 year old cyclist Stephen Costello after his sample tested positive for the prohibited substances 1,3-Dimethylbutylamine, GW1516 and Ostarine.
After notification a provisional suspension was ordered.
The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Panel.

The Athlete admitted the presence of the substances in his sample and stated that he had consumed a drink, or drinks, prepared by his wife into which, without his knowledge, she had added a number of supplements containing the prohibited substances.
the Athlete argued that on the balance of probabilities, he can establish how the non-Specified Substances entered his system. In addition, the Athlete’s position was that he had no idea that the breakfast smoothies he was taking contained any of the Supplements and he therefore cannot have been deliberately engaging in conduct which he knew constituted an ADRV.

The Tribunal notes that the evidence to support the Athlete’s claim that his wife was spiking his smoothies was solely his word and that of his wife. The tubes that contained the Supplements had been discarded, there were no receipts or evidence that these supplements had ever been purchased, no replacements had been purchased and analysed.
The Tribunal noted there were also some potential discrepancies with the testimony of the Athlete’s wife. Ultimately, even after hearing both the Athlete and his wife, the Tribunal were not left feeling that this story was more likely true than not. As such, the Athlete has failed to satisfy his burden of proof to convince the Tribunal that the ingestion of these Prohibited Substances was not intentional.

The Tribunal finds that the anti-doping violation has been establish and that the Athlete could not establish how the prohibited substances entered his system. Therefore the National Anti-Doping Panel decides on 16 October 2017 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 16 June 2017.

Original document

Parameters

Legal Source
National Decisions
Date
16 October 2017
Arbitrator
Billington-Wood, Carole
Hovell, Mark Andrew
Johnson, Lorraine
Original Source
UK Anti-Doping (UKAD)
Country
United Kingdom
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Case law / jurisprudence
Circumstantial evidence
Sport/IFs
Football (FIFA) - International Football Federation
Other organisations
UK Anti-Doping (UKAD)
Laboratories
London, United Kingdom: Drug Control Centre
Doping classes
S1. Anabolic Agents
S4. Hormone And Metabolic Modulators
S6. Stimulants
Substances
4-Methylpentan-2-amine (1,3-dimethylbutylamine)
Enobosarm (ostarine)
GW1516
Various
Supplements
Document type
Pdf file
Date generated
16 November 2017
Date of last modification
16 January 2018
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
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  • Country
  • Language
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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  • Document category
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Origin