NADAP 2020 Alwyn Cassar vs ADC - Appeal

Related case:

NADDP 2019 ADC vs Alwyn Cassar
November 24, 2020

On 24 November 2020 the National Anti-Doping Disciplinary Panel decided to impose a 4 year period of ineligibility on the powerlifter after he tested positive for the prohibited substance Testosterone.

In first instance the Disciplinairy Panel accepted that the prescribed Testosterone was used for a legitimate medical treatment. However the Athlete and his doctor failed in their responsibility to apply in advance for a TUE. Also the Panel dismissed the Athlete's request not to disclose his identity.

Hereafter in December 2020 the Athlete appealed this Decision with the National Anti-Doping Appeal Panel. The appeal was settled by the Appeal Panel based on the written submissions of the Parties.

The Appeal Panel establishes that the Athlete has committed an anti-doping rule violation and that the imposed sanction was undisputed. However the Athlete requested again prohibition of disclosure of his personal details due to the sensitive nature of the case.

Following assessment of the Anti-Doping Regulations the Appeal Panel concludes that public disclosure of the anti-doping rule violation and the name of the Athlete is mandatory and not discretionary. Further the Panel deems that there are insufficient grounds to prohibit public disclosure of his identity.

Therefore the Appeal Panel decides on 8 February 2021 to dismiss the Athlete's Appeal and to uphold the Appealed Decision regarding public disclosure of the anti-doping rule violation and the name of the Athlete.

Original document

Parameters

Legal Source
National Decisions
Date
8 February 2021
Arbitrator
Consiglio, Sonia
Dalli, Christopher
McElhatton, Anna
Original Source
National Anti-Doping Organisation of Malta (NADOMALTA)
Country
Malta
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
International Standard for the Protection of Privacy and Personal Information (ISPPPI)
Privacy
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
WADA Code, Guidelines, Protocols, Rules & Regulations
Sport/IFs
Powerlifting (IPF) - International Powerlifting Federation
Other organisations
National Anti-Doping Commission of Malta
National Anti-Doping Organisation Malta (NADOMALTA)
Laboratories
Seibersdorf, Austria: Seibersdorf Labor GmbH Doping Control Laboratory
Doping classes
S1. Anabolic Agents
Substances
Testosterone
Medical terms
Legitimate Medical Treatment
Therapeutic Use Exemption (TUE)
Various
Publicity / public disclosure
Document type
Pdf file
Date generated
9 November 2022
Date of last modification
8 December 2022
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
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