Related case:
NADO Flanders 2018 Disciplinary Commission 20186755
July 17, 2018
On 17 July 2018 the NADO Flanders Disciplinary Commission decided to impose a fine and a 4 year period of ineligibility on the cyclist after he tested positive for the prohibited substance Recombinant Erythropoietin (rhEPO).
Hereafter in July 2018 the Athlete appealed the Decision with the NADO Flanders Disciplinary Council.
In this case the Disciplinary Council decided on 8 November 2018 to reschedule the Appeal Hearing due to incomplete case files and the unavailability of key expert witnesses.
Supported by expert witnesses and their evidence the Athlete disputed the validity of the test result asserting that there were a several departures of the ISTI, the ISL and TD2014EPO during sample collection and analysis in the Ghent Laboratory.
Considering the evidence in this case and the testimonies of the expert witnesses the Disciplinary Council concludes that the Athlete failed to demonstrate that there were any breaches of the of the ISL and TD2014EPO.
The Council established that the expert witness of the Ghent Laboratory refuted the assertations made by the Athlete and his expert witnessen. It holds that the analysis of the sample was valid and conducted in accordance with the ISL and TD2014EPO. Further the Council deems that the sample collection nor the low density of the sample could have affected the reliability of the test result: the presence of exogenous EPO in the Athlete’s sample.
Therefore the NADO Flanders Disciplinary Council decides on 5 April 2019 to uphold the First Instance Decision of the NADO Flanders Disciplinary Commission of 17 July 2018 and to dismiss the Athlete’s Appeal.
Fees and expenses for this Council shall be borne by the Athlete.
