NADO Flanders 2017 Disciplinary Council 20177482 - Appeal

Related case:

NADO Flanders 2017 Disciplinary Commission 20177482
September 5, 2017

On 27 June 2017 the NADO Flanders Disciplinary Commission sanctioned the Athlete (Decison 1#) after the police had searched the Athlete’s residence and found multiple prohibited substances: Boldenone, Metenolone, Nandrolone, Testosterone and Trenbolone.

After the Athlete timely had objected to Decision 1#,  rendered in absentia of the Athlete, the Disciplinary Commission reopened the case and annulled Decision 1#. Based on the evidence and the Athlete's admission the NADO Flanders Disciplinary Commission decided on 5 September 2017 to impose a fine and a 4 year period of ineligibility on the Athlete (Decision 2#) starting on the date of Decision 2#.

Previously in July 2017 the Athlete had already appealed Decision 1# with the NADO Flanders Disciplinary Council. The Athlete asserted that Decision 2# had to be annulled based on ne bis in idem and due to the Disciplinary Commission had not timely responded.

The Disciplinary Council establish that the Athlete against the police and at the hearing(s) had admitted and reconfirmed the possession and use of the substances for the purpose of fitness and sports enhancement. Accordingly the Disciplinary Council deems that the Athlete intentionally had committed the anti-doping rule violations.

The Disciplinary Council holds there are no grounds for ne bis in idem and finds that after the Athlete had objected to Decision 1#, the Disciplinary Commission had reopened and annulled Decision 1#. After a hearing attended by the Athlete the Commission had redered Decision 2# on 5 September 2017.

The Disciplinary Council upholds the imposed fine and the sanction of 4 year and deems that the commencement of the ineligiblity period shall to start on the date of Decision 1#.

Therefore the NADO Flanders Disciplinary Council confirmes the fine and sanction of 4 years imposed on 5 September 2017 (Decison 2#) and decides that the period of ineligibility starts back dated on the date of Decision 1#, i.e. on 27 June 2017.

Fees and expenses for this Council shall be borne partially by the Athlete.

Original document

Parameters

Legal Source
National Decisions
Date
24 November 2017
Arbitrator
Buyle, P.
De Croock, Guido
Renson, Luc
Original Source
NADO Vlaanderen - National Anti-Doping Organisation Flanders (NADO Flanders)
Country
Belgium
Language
Dutch
ADRV
Possession
Use / attempted use
Legal Terms
Admission
Commencement of ineligibility period
Criminal case / judicial inquiry
Fine
Intent
Ne bis in idem
Substantial delay / lapsed time limit
Sport/IFs
Bodybuilding & Fitness (IFBB) - International Federation of Bodybuilding & Fitness
Other organisations
NADO Vlaanderen - National Anti-Doping Organisation Flanders (NADO Flanders)
Doping classes
S1. Anabolic Agents
Substances
Boldenone
Metenolone
Nandrolone (19-nortestosterone)
Testosterone
Trenbolone (17β-hydroxyestr-4,9,11-trien-3-one)
Various
Amateur / club / recreational sport
Document type
Pdf file
Date generated
15 July 2021
Date of last modification
20 July 2021
Category
  • Legal Source
  • Education
  • Science
  • Statistics
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Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin