SAIDS 2015_14 SAIDS vs Gary Smit

In November 2015 the South African Institute for Drugfree Sport (SAIDS) has reported an anti-doping rule violation against the Mixed Martial Arts Athlete Gary Smit after his sample tested positive for the prohibited substances 19-norandrosterone (Nandrolone), Drostanolone and Testosterone. 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 admitted the violation and denied that he used these substances for enhancing his sport performance. He explained that he underwent treatment for 2 years for a severe shoulder injury and had received prescribed medication and physiotherapy. Because his shoulder didn’t recover he had to consider an operation. He stated that he was desperate and following the recommendations of friends at a gym he purchased the substances and injected these into his shoulder for several weeks.

SAIDS did not accept the Athlete’s explanation and requested the Panel to impose a 4 year period of ineligibility. SAIDS argued that the substances he took did not heal the shoulder injury, there were contradictions in his evidence and his explanation was so improbable that it must be fabricated.

The Panel concludes that the Athlete failed to demonstrate that the violation was not intentional because he had admitted that he was aware at the time that the substances he used were illegal and prohibited in sport. Also the Panel finds that the Athlete’s testimony is unreliable and his evidence improbable and unreliable.

Therefore the SAIDS Anti-Doping Hearing Panel decides on 17 June 2016 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 17 November 2015.

Original document

Parameters

Legal Source
National Decisions
Date
17 June 2016
Arbitrator
Bush, John
Hansrajh, Rishi
Ramagole, Dimakatso
Original Source
South African Institute for Drug-Free Sport (SAIDS)
Country
South Africa
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Breach of contract
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Competence / Jurisdiction
Sport/IFs
Mixed Martial Arts
Other organisations
EFC Worldwide (Extreme Fighting Championship)
Martial Arts South Africa (MASA)
Mixed Martial Arts South Africa (MMA South Africa)
South African Institute for Drugfree Sport (SAIDS)
Laboratories
Cologne, Germany: Institute of Biochemistry - German Sport University Cologne
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
Drostanolone
Nandrolone (19-nortestosterone)
Testosterone
Medical terms
Legitimate Medical Treatment
Physical injury
Treatment / self-medication
Document type
Pdf file
Date generated
1 March 2018
Date of last modification
29 March 2018
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