In October 2017 the United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the Athlete David Paul Burrell for his refusal to submit to sample collection.
After notification of the violation a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Panel (NADP).
The UKAD Doping Control Officer (DCO) reported that during an Out-of-Competition test in August 2017 the Athlete had refused to provide a sample because he was in a hurry to get to his work. After been notified the Athlete ignored warnings from the DCO and he also declined to sign the Doping Control Form. UKAD contended that the Athlete had been properly notified by the DCO at his home and that the Athlete intentionally had refused to provide a sample without compelling justification.
The Athlete argued that there had been a failure, not a refusal, to submit to sample collection and that such failure had been negligent rather than intentional. In this regard he explained that he had been solely and genuinely concerned about losing his job. He also asserted that the DCO refused to test at an alternative time.
In the view of the Panel the Athlete was aware that he was liable to be tested, knew there were consequences for not providing a Sample and was expecting to be targeted. The Panel accordingly finds that the Athlete, at the very least, knew that there was a significant risk that, by leaving his home without providing a Sample, his conduct might constitute or result in an Anti-Doping Rule Violation, and that he then manifestly disregarded that risk.
The Panel is comfortably satisfied that the Athlete had intentionally refused to submit to sample collection and rejects the Athlete’s arguments that the anti-doping violation should be characterised as a failure.
Therefore the NADP decides on 7 February 2018 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 18 October 2017.
