UKAD 2019 RFU vs Stephen Hihetah

In June 2019 the Rugby Football Union (RFU) has reported an anti-doping rule violation against the rugby player Stephen Hihetah after his sample tested positive for the prohibited substances Metandienone, Stanozolol and Tamoxifen. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Tribunal.

The Athlete denied the intentional use of the prohibited substances and accepted that he had committed an anti-doping rule violation. He stated that at a gym in December 2018 were he trained he had used pre-workout drinks prepared by a friend. He believed that these pre-workout drinks were the source of his positive test.

The Athlete’s friend testified that he had used a white powder supplied to him by a fellow weightlifter and he was only told later that this white powder contained prohibited substances that would lead to a positive test. The Athlete asserted that as evidence he had provided this white powder to the RFU for testing and criticized the RFU for their failure not to analyse this hereafter.

The RFU contended that there were inconsistencies in the statements of the Athlete and his friend and that he failed to provide any documentary evidence in support of these statements. There was no evidence that the pre-workout drink from the Athlete’s friend actually contained prohibited substances. Based on the findings of the London Lab the consumption of these prohibited substances in December 2018 could not have led to a positive test in the relevant concentrations more than 7 week later on 21 February 2019 when the Athlete provided a sample.

The Panel finds that the Athlete failed to provide a credible explanation as to how the prohibited substances had been ingested and rejected the Athlete’s suggestion that the RFU should have analysed the white powder provided by the Athlete. The Panel holds that the RFU’s scientific evidence was wholly inconsistent with the Athlete’s statements and showed that the time of ingestion had been significantly later than as claimed by the Athlete.

Accordingly the Panel deems that the Athlete failed to establish that the violation was not intentional nor was he able to establish how the prohibited substances entered his system.
Therefore the National Anti-Doping Tribunal decides on 25 November 2019 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 12 June 2019.

Original document

Parameters

Legal Source
National Decisions
Date
25 November 2019
Arbitrator
Irani, Mike
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
Circumstantial evidence
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
Rugby Football Union (RFU)
Laboratories
London, United Kingdom: Drug Control Centre
Doping classes
S1. Anabolic Agents
S4. Hormone And Metabolic Modulators
Substances
Metandienone (17β-hydroxy-17α-methylandrosta-1,4-dien-3-one)
Stanozolol
Tamoxifen
Document type
Pdf file
Date generated
8 January 2020
Date of last modification
26 April 2021
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