SAIDS 2019_18 Mahlatse Chiliboy Ralepelle vs SAIDS - Appeal

  • SAIDS 2019_18 SAIDS vs Mahlatse Chiliboy Ralepelle
    June 25, 2020
  • SARU 2011 SARU vs Mahlatse Chiliboy Ralepelle & Bjorn Basson
    January 27, 2011
  • World Rugby 2014 WR vs Mahlatse Chiliboy Ralepelle
    June 16, 2015


on 25 June 2020 the SAIDS Disciplinary Panel decided to impose an 8 year period of ineligibility on the Athlete for his second anti-doping rule violation after he tested positive for the prohibited subsance Zeranol. Hereafter the Athlete appealed the Decision with the SAIDS Appeal Committee.

The Athlete argued that the Appealed Decision and findings of the Panel was erroneous and disproportional. He asserted that during the Doping Control departures occurred of the relevant Standards and Regulations whereas the report of the Doping Control Officer (DCO) was untrue.

SAIDS contended that the presence of a prohibited substance has been established in the Athlete's A and B samples and accordingly the he had committed a second anti-doping rule violation. The Athlete failed to demonstrate with any evidence that the alleged departures would or could have caused the positive test result. Also he failed to prove that the violation was not intentional, nor the source of the prohibited substance.

Considering the evidence in this case the Appeal Committee finds that the Athlete failed to prove on a balance of probability that there was a departure of the ISTI. Whilst there may have been a departure from the ISTI, such a departure could not have caused the positive test results.

Further the Athlete failed to demonstrate on a balance of probability that there was a partial sample. The alleged omission by the DCO on the chain of custody can't be viewed as a breach, neither as a departure that would invalidate the entire doping control process.

Finally the Appeal Committee concludes that the Athlete failed to establish the origin of the prohibited substance nor that the violation was intentional. Accordingly the Appeal Committee deems that the Athlete's violation was intentional and that he had committed a second anti-doping rule violation.

Therefore on 9 November 2020 the SAIDS Appeal Committee decides to dismiss the Athlete's appeal and to uphold the Appealed Decision and the imposed sanction of 8 years.

Original document

Parameters

Legal Source
National Decisions
Date
9 November 2020
Arbitrator
Buthelezi, Ziyanda
Kutumela, Thabiso
Nematswerani, Ephraim
Original Source
South African Institute for Drug-Free Sport (SAIDS)
Country
South Africa
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Intent
International Standard for Laboratories (ISL)
International Standard for Testing and Investigations (ISTI)
Multiple violations
Notification / identification
Second violation
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
South African Institute for Drugfree Sport (SAIDS)
Laboratories
Bloemfontein, South Africa: South African Doping Control Laboratory
Analytical aspects
B sample analysis
Reliability of the testing method / testing result
Doping classes
S1. Anabolic Agents
Substances
Selective androgen receptor modulators (SARMs)
Zeranol
Various
Chain of custody
Doping control
Lying / false statement
Sample collection procedure
Document type
Pdf file
Date generated
9 September 2021
Date of last modification
27 September 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