Related cases:
- SAIDS 2015_11 SAIDS vs Cole Henning
February 8, 2016 - CAS 2016_A_4716 Cole Henning vs SAIDS
March 9, 2017
On 8 February 2016 the South Africa Independent Doping Hearing Panel (IDHP) decided to impose a 4 year period of ineligibility on the MMA Athlete Cole Henning after he tested positive for the prohibited substance Methylhexaneamine (dimethylpentylamine).
In first instance the Panel concluded that the Athlete acted intentionally and failed in his responsibility to ensure that no prohibited substance enters his system. Hereafter the Athlete appealed this Decision with the Anti-Doping Appeal Committee of South Africa.
The Athlete requested the Appeal Committee to set aside the Appealed Decision and to impose a reduced sanction. He argued that the IDHP and its Appealed Decision was erroneous and that there are grounds for no Significant Fault or Negligence.
The Athlete admitted the violation and denied the intentional use of the substance. He asserted that the substances Methylhexaneamine or Dimethylpentylamine were not listed as ingredient on the label of the supplement TNT-Mercury Napalm he had used.
SAIDS contended that the Athlete acted intentionally because his conduct was reckless or alternatively was significantly negligent.
The Appeal Committee finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. Further the Committee holds that not had been demonstrated that the supplement TNT-Mercury Napalm was the source of the positive test, nor how the prohibited substance has entered his system.
The Appeal Committee did not accept the Athlete's assertions and deemed that he acted intentionally. The Committee finds that the Athlete muse have known that there was a significant risk that his conduct might result in an anti-doping rule violation and manifestly disregarded that risk.
Therefore the Appeal Committee decides on 8 July 2016 to dismiss the Athlete's appeal and to uphold the Appealed Decision to impose a sanction of 4 years on the Athlete.
