Related cases:
ISR 2010 KNMV Decision Disciplinary Committee 2010038 T
September 15, 2010
ISR 2017 KNMV Decision Appeal Committee 2017006 B
April 12, 2018)
In July 2017 the Royal Dutch Motorcyclists Association (KNMV) has reported an anti-doping rule violation against the Person after his A and B samples tested positive for the prohibited substance amphetamine. Previously in September 2010 the Person was reprimanded by the KNMV after he tested positive for the prohibited substance cannabis.
After notification a provisional suspension was ordered. The Person filed a statement with evidence in his defence and he was heard for the ISR-KNMV Disciplinary Committee.
Supported by an expert witness the Person contended that there were departures of the ISTI and ISL and disputed the reliability of the accredited laboratory. He argued that the test results should be set aside due to the density of both samples was too low to show a valid result.
The Person denied the intentional use and assumed that the substance came into his body 3 days before he was tested. He stated that at a party of students in their fraternity house he only had consumed cola and Red Bull and that the bottle of cola also contained amphetamine without his knowledge. Witness statements filed by the Person confirmed that the cola he consumed at the party was mixed with amphetamine.
The Anti-Doping Authority Netherlands (Dopingautoriteit) rejected the Person’s arguments and asserted that there is no threshold to establish the presence of amphetamine and that no departures occurred of the relevant International Standards and Technical Documents. Due to his previous anti-doping violation the Dopingautoriteit requested the Committee to impose 4 years on the Person.
The Disciplinary Committee agrees with the Person that the density of the A-sample result was too low to report the result to the Dopingautoriteit but rules that this was not a relevant departure of the ISL to set aside the test result of the A and B samples. Further the Committee accepts the Persons explanation about how the substance unintentionally came into his system without his knowledge.
The Disciplinary Committee concludes that the positive test results establish that the Person committed an anti-doping rule violation and considers his degree of fault and that this is his second anti-doping rule violation. Therefore the ISR KNMV Disciplinary Committee decides on 15 November 2017 to impose a 4 year period of ineligibility on the Person starting on the date of the provisional suspension, i.e. 1 June 2017.
Fees and expenses for this committee shall be borne by the Person.
