UKAD 2019 UKAD vs Peter Newman

In November 2018 the United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the motorcyclist Peter Newman after his sample tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Panel.

The Athlete admitted the violation and testified that in September 2018 he visited a party and cafes in Amsterdam where he consumed Cannabis (joints and cake) 3 days before the competition. Here the Athlete failed to timely respond to the communcations and failed to produce sufficient evidence of his travel to Amsterdam. Finally the Athlete succeeded in providing documentary evidence to show that the Athlete had been in Amsterdam as claimed.

UKAD contended that the Athlete had been willing to drive at high speeds, with other competitors, whilst having Cannabis in his system. However UKAD was willing to accept that the Athlete had not acted intentionally.

The Tribunal was surprised that the evidence adduced during the course of the hearing had not been made available previously. Plainly it could and should have been. It appeared to the Tribunal that those assisting the Athlete had not helped the Athlete’s position, but rather had put him in potentially a far worse position than would otherwise have been the case.

The Tribunal established that the Athlete indeed had been in Amsterdam prior to his test on 30 September 2018. Whilst in Amsterdam he had consumed Cannabis on a daily basis and it was likely that the consumption of Cannabis in Amsterdam had led to the positive test and the anti-doping rule violation.
The Tribunal deems that the violation was not intentional but also finds that he had acted with a high degree of fault since he had allowed himself to drive competitively at high speed with Cannabis in his system.

Therefore the National Anti-Doping Panel decides on 19 July 2019 to impose a 2 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 30 Sepemper 2018.

Original document

Parameters

Legal Source
National Decisions
Date
19 July 2019
Arbitrator
Crystal, Terry
Duncan, Michelle
Summers, Jeremy
Original Source
UK Anti-Doping (UKAD)
Country
United Kingdom
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Negligence
No intention to enhance performance
Sport/IFs
Motorcycling (FIM) - International Motorcycling Federation
Other organisations
Motorsport UK (MUK)
UK Anti-Doping (UKAD)
Laboratories
London, United Kingdom: Drug Control Centre
Doping classes
S8. Cannabinoids
Substances
Cannabis (THC)
Various
Out-of-competition use / Substances of Abuse
Document type
Pdf file
Date generated
27 August 2019
Date of last modification
29 August 2019
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  • Legal Terms
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  • Various
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Origin