The Disciplinary Committee involved in the disciplinary case acquitted the person concerned. The Dutch Royal Strength Sport Fitness Federation (KNKF) has reported against this person for a failure to comply by refusing to cooperate in an out of competition doping control test. The Disciplinary Committee based her acquittal on the consideration that person concerned terminated his membership and stopped his sport.
The KNKF came in appeal after the decision of the Disciplinary Committee. Person concerned did not filed a written defence statement and was not present at the hearing.
The KNKF argued that person actually is a member of the KNKF and that he as a former in competition participant actually was subjected to the statutes and regulations, including the Doping Regulations.
In the opinion of the KNKF the Disciplinary Committee did not sufficiently explain why bondage to the Doping Regulations was unreasonable heavy. Person claimed that he was not a member at the time of the doping control test and therefore under the impression that he therefore was entitled to refuse the doping control test. Subject argued that he already has stopped practicing his sport within the context of the NPB (Dutch Powerlifting Federation),a sub federation of the KNKF, in April 2007.
The appeal committee is of the opinion that person concerned had notified the KNKF to terminate his membership. Sufficiently plausible the appeal committee takes the membership termination by the person concerned for August 10, 2007, therefore, as an established fact. Given the gravity of the obligation of the anti doping regulations on one hand and the interests of the KNKF to end the membership at the end of the calendar year on the other, the Committee is of the opinion that the interests of the person concerned outweighed. Concerned could not be required to continue to take the membership until the end of the year. The refusal of the person concerned was, in the opinion of the committee rightly. So there was no reason to subject the verdict.
The appeal committee also followed the opinion of the Disciplinary Committee in the first instance. Now the appeal committee considered that the KNKF should have discontinue the membership in accordance with the wishes of the person concerned and no doping control test could have been requested, which incidentally forwarded that no further discussion is needed.
Person is acquitted and the appeal is dismissed. The costs associated with the treatment of this case were charged to the NPB, c.q.KNKF.
