In September 2018 the International Motorcycling Federation (FIM) has reported an anti-doping rule violation against the Australian rider Anthony West after his A and B sample tested positive for the prohibited substance Cocaine. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the FIM International Disciplinary Court (CDI).
Previously on 22 November 2013 an 18 month period of ineligibility was imposed on the Athlete by the CAS Tribunal (CAS 2012/A/3029) after WADA had appealed the 1 month sanction imposed by FIM.
The Athlete denied the intentional nor the recreational use of Cocaine and argued that several procedural irregularities had been occurred as departures of the Standards and that the test results should be set aside. Further he explained that in 2015-2018 he suffered from a number of setbacks, had relational problems and a depression with suicidal intent. He was drinking excessive amounts of alcohol but he denied that he was addicted to drug or alcohol.
He testified that in July 2018 he was drinking in a club with a good friend and to help his agitation, anxiety and insomnia his friend had added Cocaine into his drink without his knowledge. Only after the notification he was told what had happened and that this was not the first time that his friend had laced his drink. The Athlete's friend testified and confirmed that he had spiked the Athlete's drink. The Athlete accepted during the proceedings that the postive test results were valid and admitted the violation due to spiking of his drink.
The CDI finds that the presence of Cocaine has been established in the Athlete's samples and accordingly that he committed an anti-doping rule violation. Considering the evidence the CDI established well beyond the balance of probability that the Athlete's drink had been spiked by his friend.
The CDI concludes that the Athlete had not intentionally used the prohibited substance and that he bears No Significant Fault or Negligence for a reduced sanction.
Since this is the Athlete's second anti-doping rule violation the CDI holds that the reduced 1 year period of ineligibility is increased to 2 years under the Rules.
Therefore the CDI decides on 28 January 2019 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 14 September 2019.
