SAIDS 2014_31 SAIDS vs Joseph Mphuthi - Appeal
February 11, 2016
In March 2015 the South African Institute for Drugfree Sport (SAIDS) has reported an anti-doping rule violation against the Athlete Joseph Mphuthi after his sample tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the SAIDS Anti-Doping Hearing Panel.
The Athlete denied the intentional use of the substances. Previously he was tested for three years without problems and he could not explain how the substances came into his system. The supplements he used were mentioned on the Doping Contol Form including the medication administered when he underwent a dental treatment two weeks before the sample collection.
The Panel finds that the Athlete was truthful and fully co-operative in this case and he could not establish how the substances entered his system nor present grounds for a reduced sanction. The Panel notes that it took 11 months to report the findings due to substantial delays in the laboratory not attributed to the Athlete.
While under provisional suspension sinds March 2015 the Athlete participated in 2 major events. In this matter the Panel concludes that the SAIDS letter of notification to the Athlete was ambiguously vague and therefore capable of being misunderstood and misinterpred and not in accordance with the Rules. Also there was no evidence of SAIDS having held any provisional or accelerated hearing in accordance with the Rules.
Considering the circumstances in this case the SAIDS Anti-Doping Hearing Panel decides on 20 August 2015 to impose 2 year period of ineligiblility on the Athlete starting on the date of the sample collection, i.e. on 12 April 2014.
