ISADDP 2020 SI Disciplinary Decision 20207132

In 2017 Sport Ireland reported an anti-doping rule violation against the go-kart racing driver IS 7132 for evading sample collection. Here the Doping Control Officer (DCO) reported that the Athlete attended the Doping Control Station but decided not to complete the sample collection after receiving a phone call about a medical emergency. Although warned by the DCO about the consequences the Athlete decided to leave the Doping Control Station.

Sport Ireland (SI) accepted that the Athlete had compelling justification for failing to submit to sample collection after the Athlete had produced two letters signed by a doctor of a clinic, confirming there was an emergency appointment for the Athlete and a third party.

Hereafter in April 2019 SI received information that raised doubts about the authenticity of the doctors letters provided by the Athlete. At SI's request the doctor in question confirmed that he never had prepared or signed either of these letters nor had the Athlete attended the clinic for an emergency appointment.

Consequently SI in May 2019 reported two anti-doping rule violations against the Athlete for evading sample collection and Tampering. After notification a provisional suspension was ordered.

The Athlete in his submissions at first gave a prompt admission for evading sample collection but denied the Tampering charge as he believed there was a medical emergency. The Athlete alleged that afterwards he was informed that there was in fact no medical emergycy, that someone else had procured the two forged letters without his knowledge but in spite of this he acknowledged that he had provided those letters to SI.

Investigations conducted by SI into the Athlete revealed through witness statements in detail that the Athlete the night before the race had smoked multiple joints of Cannabis. In the situation the Athlete won the race and might be tested he was informed during the sample collection that there was a medical emergency. Instead of attending a hospital, clinic or doctor he went to a pub.

The Athlete again rejected the new evidence, maintained there was a medical emergency but failed to produce witness statements to rebut the statements of SI's witnesses.

Eventually the Irish Sport Anti-Doping Disciplinary Panel settled the case based on the written submissions of the Parties after the Athlete had disengaged from the proceedings and ceased submitting communications.

The Panel deems that the two anti-doping rule violations are to be considered as a single first violation and the sanction based on the violation that carries the more severe sanction. Also it notices that there were some delays in the proceedings not attributed to the Athlete.

Regarding the evidence in this case provided by the Parties the Panel is comfortably satisfied that the Athlete knew at all times that the supposed medical emergency was not true and was designed to provide him with an excuse to evade the sample collection.

Furthermore the Panel finds that the Athlete deliberately sought to deceive SI by providing false medical records to back up the deception while he was willing to persist with this deception until confronted with proof of these lies. Then the Athlete chose to withdraw himself from the process without any explanation as to why.

Therefore on 30 June 2020 the Irish Sport Anti-Doping Disciplinary Panel decides to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 14 May 2019

Original document

Parameters

Legal Source
National Decisions
Date
30 June 2020
Arbitrator
Collins, Michael M.
Howard, Elizabeth
O'Flynn Flannery, Mary
Original Source
Spórt Éireann - Sport Ireland
Country
Ireland
Language
English
ADRV
Evasion
Tampering / attempted tampering
Legal Terms
Case law / jurisprudence
Circumstantial evidence
Multiple violations
Prompt / Timely Admission
Sport/IFs
Automobile (FIA) - Fédération Internationale de l'Automobile
Other organisations
Spórt Éireann - Sport Ireland
Various
Anti-Doping investigation
Falsification / fraud
Lack of cooperation / obstruction
Lying / false statement
Tip-off / whistleblower
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Pdf file
Date generated
15 February 2021
Date of last modification
23 February 2021
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