Related case:
NADDP 2018 ADC vs Josiah Vella
October 17, 2018
On 17 October 2018 the National Anti-Doping Disciplinary Panel decided to impose a 4 year period of ineligibility on the boxer Josiah Vella after his sample tested positive for the prohibited substance Clenbuterol. Here the Athlete failed to attend the hearing of the National Anti-Doping Disciplinary Panel nor did he file a statement in his defence.
Hereafter in November 2018 the Athlete appealed the First Instance decision of 17 October 2018 with the National Anti-Doping Appeal Panel.
The Athlete admitted the violation and denied the intentional use of the prohibited substance. He explained that he failed to attend the hearing in First Instance due to he had not received the hearing notification despite the Anti-Doping Commission contended that this notification had been duly submitted.
The Athlete asserted that a fat burner he had used was the source of the positive test. He had sought professional assistance for his training and diet and had used this fat burner recommended by his nutritionist in order to lose weight for his upcoming match. He argued that the imposed sanction was excessive since he was unaware that it contained a prohibited substance and therefore that the violation was not intentional. He acknowledged that he didn’t research this supplement before using. In support he produced an empty container of the supplement he had used prior to the Doping Control indicating on the container the presence of Clenbuterol in Bulgarian.
The Appeal Panel considered the Athlete’s degree of fault in this case and that there are grounds for a proportional reduction of the imposed sanction. The Panel regarded that the Athlete established how the substance entered his system, failed to mention the supplements he used on the Doping Control Form, had limited anti-doping education and no familiarity with the doping regime.
Therefore the National Anti-Doping Appeal Panel decides on 1 March 2019 to reform the First Instance Decision of 17 October 2018 and to impose a 3 year period of ineligibility on the Athlete starting on the date of the First Instance decision.
