NADDP 2018 ADC vs Brandon Bartolo

In March 2018 the National Anti-Doping Commission (ADC) has reported an anti-doping rule violation against the boxer Brandon Bartolo after his sample tested positive for the prohibited susbstance Methylhexaneamine (dimethylpentylamine).
After notification the Athlete filed a statement in his defence and he was heard for the National Anti-Doping Disciplinary Panel. The imposed provisional suspension was lifted by the Malta Boxing Association.

The Athlete accepted the test result and denied the intentional use of the substance. He claimed that a contaminated supplement he had used was the source of the positive test purchased in a well known sports shop in Malta. He acknowledged that he didn’t check his supplements for prohibited substances before using. The Athlete declined the opportunity to analyse his supplements in a WADA Accredited Laboratory because he was not in the financial position to pay for the costs of the test.

The Panel deems that analysis of the supplement in question in a WADA Accredited Laboratory is the best proof to establish contamination of this product. Since the Athlete declined to do this because of the costs the Panel settles this case based on the filed evidence and the Athlete’s testimony.

The Panel is willing to accept that the violation was not intentional but finds that there are no grounds for No Significant Fault or Negligence. Here the Panel considers that the Athlete didn’t check his supplements for prohibited substances before using because he simply relied on the sports shop reputation and guidance.
Further the Panel concludes that the Athlete failed to demonstrate how the prohibited substance entered his system nor showed with sufficient evidence that the positive test was the result of a contaminated product.

Therefore the National Anti-Doping Disciplinary Panel decides on 9 December 2018 to impose a 2 year period of ineligibility on the Athlete starting on the date of the first hearing, i.e. 26 October 2018.

Original document

Parameters

Legal Source
National Decisions
Date
9 December 2018
Arbitrator
Azzopardi, Maria
Mifsud, Janet
Testa, Frank
Original Source
National Anti-Doping Organisation of Malta (NADOMALTA)
Country
Malta
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Commencement of ineligibility period
Negligence
No intention to enhance performance
Period of ineligibility
Provisional suspension
Substantial delay / lapsed time limit
Sport/IFs
Boxing (IBA) - International Boxing Association
Other organisations
National Anti-Doping Commission of Malta
National Anti-Doping Organisation Malta (NADOMALTA)
Doping classes
S6. Stimulants
Substances
4-Methylhexan-2-amine (methylhexaneamine, 1,3-dimethylamylamine, 1,3 DMAA)
Various
Supplements
Document type
Pdf file
Date generated
25 June 2019
Date of last modification
9 July 2019
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