Related case:
ISR 2020 KNAU Disciplinary Committee 2020004 T
April 22, 2021
On 22 April 2021 the ISR KNAU Disciplinary Committee decided to impose a 4 year period of ineligibility on the Person after his A and B samples tested positive for the prohibited substance LGD-4033 (Ligandrol).
In First Instance the Disciplinary Committee deemed that the Athlete failed to establish that the violation was not intentional, nor how the substance had entered his system.
Hereafter in May 2021 the Person appealed the Decision of the ISR KNAU Disciplinary Committee. He filed a statement in his defence and he was heard for the ISR KNAU Appeal Committee.
The Person denied the intentional use of the substance and requested for a reduced sanction. He asserted that he had acted carefully and that he was tested before without issues. He acknowled that his attemps to find the source of the prohibited substance were unsuccesful. Invoking case law he disputed the burden and standards of proof in order to show his lack of intent.
The KNAU and Dopingautoriteit contended that the Person intentionally had committed an anti-doping rule violation. A high concentration of the prohibited substance was found in the Person's samples whereas the case law in question dealed with a low concentration.
Further the Person failed to demonstrate that he had checked his supplements before using; there was no record that the Person was tested before in the Netherlands; and Internationally he was tested only three times.
The Appeal Committee finds that the presence of a prohibited substance had been established in the Person's samples and accordingly that he committed an anti-doping rule violation.
The Committee deems that the Person failed to demonstrate that the violation was not intentional, nor how the substance had entered his system, nor that his supplements were contaminated. In his defence he only raised assumptions whereas the invoked case law in question does not support his appeal.
Therefore the ISR KNAU Appeal Committee decides on 16 March 2021 to uphold the Appealed Decision of 22 April 2021 of the ISR KNAU Disciplinary Committee.
Fees and expenses for this committee shall be borne by the Person.
