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.