CAS 2010/A/2230 International Wheelchair Basketball Federation v. UK Anti-Doping & Simon Gibbs
Related case:
UKAD 2010 UKAD vs Simon Gibbs
June 4, 2010
In March 2010 the United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the wheelchair basketball player Simon Gibbs after his sample tested positive for the prohibited substance Mephedrone. Thereupon the National Anti-Doping Appeal Panel decided on 23 August 2011 to impose a 2 year period of ineligibility on the Parathlete.
Hereafter in September 2011 the International Wheelchair Basketball Federation (IWBF) appealed the Decision with the Court of Arbitration for Sport (CAS). the IWBF requested the Panel to set aside the Appealed Decision and to impose a proportionate sanction on the Parathlete.
The IWBF argued that the provisions of Article 10.4 of the UK Anti-Doping Rules prevented the Parathlete from adducing evidence as to his lack of culpability simply because he could not establish how the Mephedrone was present in his body and that, perversely, he would have been better off to have admitted – falsely - that he had deliberately taken Mephedrone.
The Parathlete accepted the test result and denied the intentional use of the substance. He asserted that he had demonstrated with corroborating evidence how the substance had entered his system as a result of spiking.
Following assessment of the evidence and the parties' assertions the Sole Arbitrator determines:
- The Parathlete has not established how the substance Mephedron had entered his system.
- This does not mean that he – or any of the adjudicative bodies – have attached stigma of ‘doper’ to the Parathlete.
- There are no grounds to reduce or eliminate the sanctions consequential upon the indisputable presence of Mephedrone.
- It was not for UKAD to provide intent to dope.
Therefore the Court of Arbitration for Sport decides on 22 February 2011 that:
1.) The appeal filed by the International Wheelchair Basketball Federation on 13th September 2011 against the decision of the UK National Anti-Doping Appeal Panel dated 23rd August 2010 is dismissed.
2.) The costs of arbitration, to be calculated and notified to the parties by the CAS Court Office shall be borne by the International Wheelchair Basketball Federation.
3.) (...)
