In September 2019 Sport Ireland (Spórt Éireann) has reported anti-doping rule violations against the football player SI-6515 for tampering, evading sample collection, or without compelling justification refusing or failing to submit to sample collection. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Irish Sport Anti-Doping Disciplinary Panel.
In this case the Doping Control Officers reported that during the sample collection in April 2019 the Athlete received telephone calls on his mobile phone from his partner that his 4 year old daughter had fallen from a height and needed medical treatment in a hospital. The Athlete remained in the Doping Control Station but after many attempts the Athlete could only produce a partial sample. The Athlete became more stressed and anxious and after 2 hours he left the Doping Control due to concerns about the health of his daughter while he was warned by the DCOs about the consequences. Furthermore the DCOs testified that the Athlete during the Doping Control acted in a sincere and fully cooperative manner.
Sport Ireland contended that the Athlete failed to submit to sample collection after notification without compelling justification. Furthermore it contended that the Athlete misled the DCOs through incorrectly asserting that his daughter was in hospital thereby necessitating him to leave the Doping Control Station without providing a full sample.
The Athlete’s partner testified and confirmed that their daughter fell and struck her head. She made angry telephone calls to the Athlete urging him to come home and to bring their daughter to the hospital.
No doctor was ever called and the daughter didn’t go to the hospital because when the Athlete returned home her temperature had gone down ans she was in better form on seeing her father.
The Panel accepts the evidence that the Athlete failed to provide a full sample and that the Athlete was notified that his failure to provide a full sample constitute a violation. Looking at the matter objectively, the Panel is not satisfied that the Athlete has established on the balance of probabilities a compelling justification for failing to give a sample. Sport Ireland has established to the comfortable satisfaction of the Panel that the Athlete has committed an anti-doping rule violation in this matter.
Considering the evidence, it has not been established to the comfortable satisfaction of the Panel that the Athlete’s failure to provide a full sample and leaving the Doping Control Station without providing a full sample was motivated by a desire to subvert the Doping Control process or that he has committed an anti-doping rule violation for tampering. In the circumstances the Panel deems that the Athlete’s conduct was not intentional although without grounds for No Significant Fault or Negligence.
Therefore the Irish Sport Anti-Doping Disciplinary Panel decides on 13 December 2019 to impose a 2 year period of ineligibility on the Athlete SI-6516 starting on the date of the provisional suspension, i.e. on 9 September 2019.
