Related case:
CAS 2017_A_5369 WADA vs SAIDS & Gordon Gilbert
June 21, 2018
In March 2017 the South African Institute for Drugfree Sport (SAIDS) has reported an anti-doping rule violation against the cyclist Gordon Gilbert after his sample tested positive for the prohibited substance Testosterone. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the SAIDS Doping Hearing Panel.
The Athlete denied that the violation was intentional and asserted that he did research the ingredients of the supplements he used. He was sponsored by the international company Biogen and they assured him that their products he used were safe and did not contain any prohibited substances. The Athlete explained that he suffered from a condition and therefore had used the recommended product Biogen Testoforte.
After the Athlete tested positive his supplements were analysed and the Laboratory Analysis Test Report revealed that the product Biogen Testoforte contained the prohibited substance.
The Panel accepts the Athlete’s explanation on a balance of probability that the prohibited substance entered his system as a result of the ingestion of a contaminated product Biogen Testoforte. Further the Panel acknowledge that the Athlete did take a number of significant steps to minimize any risk associated with the use of supplements.
The Panel observes that the Athlete had a personal doctor and had access to a number of medical experts. However he failed to demonstrate that he sought medical advice before taking the supplements while he followed the recommendations of someone without qualifications as a pharmacologist or nutritionist.
In the view of the Panel the Athlete did fall short, if not excessively, of the high standards imposed to exercise utmost caution to avoid even inadvertent ingestion of a prohibited substance.
Therefore the Doping Hearing Panel decides on 30 August 2017 to impose a 6 month period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 2 March 2017.
