Related case:
- NADO Flanders 2020 Disciplinary Commission 2020001 T (1)
September 22, 2020 - NADO Flanders 2021 Disciplinary Council 2020001 B
January 8, 2021
On 22 September 2020 the NADO Flanders Disciplinary Commission decided to impose a fine and a 4 year period of ineligibility on the Dutch Muaythai boxer after he tested positive for the prohibited substance Furosemide while he failed to attend the disciplinary hearing.
Hereafter in October 2020 the Athlete timely objected to the decision rendered in absentia. The case was reopened and the Athlete was heard for the Disciplinary Commission.
The Athlete asserted that he had not the opportunity to request analysis of his B sample and that in absentia his right to be heard was violated. During the hearing the Athlete declined the analysis of the B sample due to the costs and he could not explain the source of the positive test.
The Disciplinary Commission finds that the test result was valid, that the presence of a prohibited substance had been established in the Athlete’s sample and accordingly that he has committed an anti-doping rule violation.
The Commission holds that it reopened the case to hear the Athlete and deems that the Athlete failed to explain how the prohibited substance entered his system. Both NADO Flanders and the Disciplinary Commission accepts that there is no evidence that the violation was intentional.
Therefore the NADO Flanders Disciplinary Commission decides on 17 November 2020 to impose a fine and a reduced 2 year period of ineligibility on the Athlete starting on the date of the Decision in absentia, i.e. on 22 September 2020.
Fees and expenses for this Commission shall be borne partially by the Athlete.
