Related case:
UKAD 2015 UKAD vs Paul Bird
November 23, 2015
In July 2018 the United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the driver Paul Bird for his refusal to submit to sample collection. After notification a provisional suspension was ordered and the Athlete filed a statement in his defence.
Previously on 23 November 2015 a 2 year period of ineligibility was imposed on the Athlete after he tested positive for the prohibited substances Cocaine and Furosemide.
The Doping Control Officer (DCO) at the rally in question reported that after the Athlete was notified about the sample collection he stated that he had no time, signed the Doping Control Form and left the rally.
The Athlete submitted that he did not refuse to provide a sample and that there was no evidence that he had. He asserted that there was evidence that he offered to give it on antother day, but that was not the same as a refusal. He stated that he couldn’t provide a sample at the time as his helicopter was waiting and his father was ill, but he would be happy for the DCO to make any alternative arrangements. The DCO wished for him to provide a sample within the next few days. He believed it was okay to leave and so was not significant at Fault or Negligent for the purpose of the sanction.
The Panel is comfortably satisfied that the Athlete was properly notified that he was required to provide a sample for the purpose of testing. The Panel established that the Athlete said that he was leaving; did not have time for the process; gave a reason as why he said he was leaving; and used words to the effect that the DCO can see or visit him the following week.
Based on the evidence the Panel is comfortably satisfied that the Athlete did refuse to submit to sample collection and that his conduct in refusing was deliberate and done in full knowledge that such refusal might be deemed an anti-doping rule violation for which he could be sanctioned.
Since this is the Athlete’s second anti-doping rule violation the National Anti-Doping Panel decides on 8 January 2019 to impose an 8 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 11 July 2018.
