NADDP 2018 ADC vs Dylon Mula

Related case:
NADAP 2018 Dylon Mula vs ADC - Appeal
January 9, 2019

In July 2017 the National Anti-Doping Commission of Malta (ADC) has reported an anti-doping rule violation against the boxer Dylon Mula for his evasion, his refusal to sample collection including tampering during the Doping Control. After notification the Athlete filed a statement in his defence and he was heard for the National Anti-Doping Disciplinary Panel.

The Doping Control Officer (DCO) reported that during the Doping Control the Athlete was very nervous; asked and drank several bottles of water; provided a partial sample; left without permission the Doping Control; when returned ignored requests to behave and to cooperate; threw the sample collection vessel in the toilet; finally left the Doping Control Station and refused to return.

The Athlete admitted that he left the doping room before the completion of the test, disregarded the notice from the DCO to complete the test and left the Doping Control with the intention not to return. He explained his action to the lack of cooperation from the DCOs entrusted to collect the urine sample and to the fact that he was at the doping room for a long time and could not produce more for a sample than that he already had provided.

The Panel established that the Athlete did not produce a full sample due to the fact that he decided to leave the doping control room. It was confirmed that the doping test was being carried out after the Athlete had finished his match and at that time there were other athletes who were also waiting to submit their urine sample. The sample collection was taking a long time and one can understand that the Athlete after the competition would be under the effect of the adrenaline of the competition leading to a nervous state. However, the Panel finds that this does not justify the Athletes antagonism and lack of cooperation.

Considering the evidence in this case the Panel is convinced and is comfortably satisfied that the Athlete’s conduct resulted into an intentional conduct to evade sample collection notwithstanding that he was being warned that the test was not complete. The Panel cannot tolerate this attitude irrespective whether this was the first time or not but the regulations are there to be obeyed and the Athlete's conduct confirm that he did evade the test knowing the test was not complete. Finally the Panel deems in this case that there is insufficient proof of Tampering.

Therefore the National Anti-Doping Disciplinary Panel decides on 17 October 2018 to impose a 4 year period of ineligibility on the Athlete starting on the date of the decision.

Original document

Parameters

Legal Source
National Decisions
Date
17 October 2018
Arbitrator
Azzopardi, Maria
Mifsud, Janet
Testa, Frank
Zammit, Mark
Original Source
National Anti-Doping Organisation of Malta (NADOMALTA)
Country
Malta
Language
English
ADRV
Evasion
Refusal or failure to submit to sample collection
Tampering / attempted tampering
Legal Terms
Intent
Sport/IFs
Boxing (IBA) - International Boxing Association
Other organisations
National Anti-Doping Commission of Malta
National Anti-Doping Organisation Malta (NADOMALTA)
Various
Lack of cooperation / obstruction
Document type
Pdf file
Date generated
25 June 2019
Date of last modification
10 July 2019
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin