Related case:
NADAP 2017 ADC vs Kevin Moore - Appeal
June 12, 2017
In July 2016 the National Anti-Doping Commission of Malta has reported an anti-doping rule violation against the Athlete Kevin Moore after his A and B samples tested positive for the prohibited substances 1,3-Dimethylbutylamine (1,3-DMBA), Methylhexaneamine (dimethylpentylamine) and Tamoxifen.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Disciplinary Panel.
The Athlete disputed the validity of the sample collection procedure. He asserted that irregularities resulted in erroneously attribute a urine sample collection to him which in reality does not belong to him and thus the result of a positive test is invalid.
Here the Athlete alleged that the collection vessel was not sealed and that the information relating to the urine sample was not written in his presence. Such allegation directly affects the requirements established under the WADC International Standards Testing (IST) and could impinge on the adverse analytical finding.
The Panel finds that the bone of contention between the parties concerns the chain of events that occurred between the time when the Athlete produced the required urine sample to when he returned from the 200m race. The two questions put forward are:
- 'Did the Athlete make sure that he closed the collection vessel and sealed it in front of the Doping Control Officer (DCO) before the Athlete left the room?'; and
- 'Did the DCO fill in the details relating to the collection vessel (the second part of the form) on the Doping Control Form in the presence of the Athlete before the athlete left the room?'
Having considered all the evidence produced, the Panel holds the opinion that the procedure conducted for the collection of the urine sample has been irregular. The Panel deems that the Athlete proved by a balance of probability that such breach to the IST had a significant impact on the testing result since the DCO during his testimony did not manage to comfortably satisfy the Panel that the collection vessel was sealed and the form was filled in the presence of the Athlete.
Therefore the National Anti-Doping Disciplinary Panel concludes on 1 March 2017 that the Athlete has not committed an anti-doping rule violation and decides to revoke his provisional suspension and to acquitt him from the charges brought against him.
