The Royal Dutch Billiards Association (KNBB) has reported a violation of the Doping rules of the ISR. Defendant failed to attend a doping test which is a doping rule violation section 5 paragraph 2 of the Anti-Doping Rules of the ISR (Instituut Sportrechtspraak).
The Disciplinary Committee discharges the defendant.
Considerations:
The Claimant reported the defendant.
Defendant submitted a written defence dated January 25, 2006.
The Chairman of the Disciplinary Committee doesn't impose a temporary penalty.
The Oral Hearing will take place on April 13, 2006.
Motivation
Defendant was a member of the KNBB. The KNBB recognizes in section 7 paragraph 1 the impedance of the judgment of the ISR for members of the KNBB.
The report handed in by the KNBB is valid.
It is not clear that the representative of the KNBB made clear the consequences for not attending the doping test.
The defendant claims he felt ill after his match, waited a short while and went home after mentioning this to the tournament leader.
There standard form to sign wasn't filled out. And the tournament leader didn't point out the location of the doping test.
The Disciplinary Committee can't determine if the procedure for designation the defendant for a doping test was correct.
The Disciplinary Committee decision is that the defendant is not the designated sportsman as in the Anti-Doping Code section 1 paragraph 4. The violation of section 5 paragraph 2 of the Anti-Doping Rules of the ISR hasn't been proven.
Both parties can appeal.
