In October 2019 the Athletics Integrity Unit (AIU) of Word Athletics has reported 2 anti-doping rule violations against the Kenyan Athlete Vincent Kipsegechi Yator:
1.) for the presence of the prohibited substances Prednisone, Prednisolone and Testosterone;
2.) for the use of the substances Prednisoloe, Prednisolone, Testosterone, Trimetazidine and Clomphene.
After notification a provisional suspension was ordered and between August and October 2019 the Athlete filed his submissions with evidence in his defence.
The Athlete admitted the violation, denied the intentional use of the substances and asserted that he acted with No Significant Fault or Negligence. He explained that he had been involved in a road accident in February 2018 and underwent medical treatment in a hospital. With detailed medical evidence he demonstrate that his multiple injuries contributed to his asthma attack and the use of prescribed medication. His reduced libido, with erectile dysfuction, as a result of the road accident, necessitated him to be injected with testosterone. The Athlete underwent again medical treatment for an allergic reaction in a Kenyan hospital in June 2019.
The Arbitrator acknowledged that the Athlete was not blameworthy for his injuries as a result of the road accident which led to the use of prescribed medication and exposure to prohibited substances. The Arbitrator also finds that there is no suggestion that the Athlete had been dishonest. He appeared rather confused and not to have understood questions because the communication in this case was in the English language. He was totally unaware of any of the Anti-Doping Rules and there is no doubt that he had no clear recollection of what he had been ingesting or what it was that he allowed to enter his system.
Nevertheless the Arbitrator concludes that the Athlete failed to establish, by a balance of probability, that the 2 reported anti-doping rule violations were not intentional considering his high level of fault.
His ignorance of his rights and obligations including his right to have applied for one or more TUEs didn’t assist his defence and he failed to mention his medication on the Doping Control Form. He submitted tardy, if now slow, the requested evidence to explain the prohibited substances in his system.
Therefore the World Athletics Disciplinary Tribunal decides on 27 March 2020 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 1 October 2019.
