UKAD 2020 UKAD vs Morgan Jones

In March 2020 United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the rugby player Morgan Jones after his 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 National Anti-Doping Panel.

The Athlete admitted the violation and testified with evidence that he was coping with his personal circumstances and sought release through alcohol and drugs. He is still under care of a consultant in substance misuse and psychiatry. He acknowledged that he had used Cocaine 3 times that night and had consumed a considerable amount of alcohol.

In this case there were deliberations between the Parties about the applicability of lex mitior since the WADC 2021 and the 2021 ADR had come into force with the option for the imposition of a 3 month period of ineligibility when the ingestion of the substance occurred Out-Of-Competition and was unrelated to sport performance.

UKAD accepted that the violation was not intentional and that the Athlete bears No Significant Fault of Negligence. However UKAD denied the applicability of lex mitior. It contended that the use of Cocaine occurred not Out-Of-Competition since the Athlete had admitted that he had used the substance between 00:00 en 01:00 on the day of the competition while he knew he was due to be playing there.

The Panel established that the Athlete had admitted the violation and that the use of the Cocaine was unrelated to sport performance. The Panel rejected UKAD's contentions and considered that UKAD already had accepted the applicability of lex mitior in respect of six other cases.

Based on lex mitior the Panel deems that the Athlete should be able to benefit from a lower sanction that had become available. Further the Panel regards that there were delays in the proceedings not attributed to the Athlete and that he had respected the imposed provisional suspension.

Therefore on 12 April 2021 the National Anti-Doping Panel decides to impose a 3 month period of ineligibility on the Athlete which he has already served during the provisional suspension. Accordingly the Athlete is free to resume alle sporting activities with immediate effect.

Original document

Parameters

Legal Source
National Decisions
Date
12 April 2021
Arbitrator
Crystal, Terry
Summers, Jeremy
Thompson, Blondel
Original Source
UK Anti-Doping (UKAD)
Country
United Kingdom
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Case law / jurisprudence
Lex mitior
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Provisional suspension
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
Substantial delay / lapsed time limit
WADA Code, Guidelines, Protocols, Rules & Regulations
Sport/IFs
Rugby - World Rugby
Other organisations
UK Anti-Doping (UKAD)
Welsh Rugby Union (WRU)
Laboratories
London, United Kingdom: Drug Control Centre
Doping classes
S6. Stimulants
Substances
Cocaine
Medical terms
Addiction / dependence
Various
Out-of-competition use
Document type
Pdf file
Date generated
17 June 2021
Date of last modification
22 June 2021
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
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Origin