Related case:
NST-E22-124881 Michael Randall vs AFL & SIA
November 14, 2022
On 14 November 2022 the National Sports Tribunal decided to impose a 2 year period of ineligibility on the Athlete after he tested positive for the prohibited substance Phentermine.
In first instance the Panel accepted that the violation was not intentional. The Panel also concluded that the Athlete had not demonstrated that he had acted with No Significant Fault or Negligence.
Hereafter the Athlete appealed the NST decision with the Appeals Division of the National Sports Tribunal. He requested the Appeal Panel to set aside the Appealed Decision and to impose a further reduced sanction.
The Athlete had provided a prompt admission whereas his violation was not intentional and he acted with No Significant Fault or Negligence. He use of the substance occurred out-of-competition and was unrelated to sport.
The Athlete has a long history of mental and physical health problems and used daily medication. Because of the long shifts he worked, up to 60 hours per week, he had occasions that he had fallen asleep while driving.
To stay awake he had accepted Duromine tablets from his sister while he was unaware that it contained the substance Phenermine. He acknowledged that he had not checked this product before using.
The AFL accepted that the Athlete's mental health did play a role in his decision-making at the relevant time and that there was a sufficient degree of impairment to enliven the discretion to reduce the period of ineligibility. The AFL was supportive of a reduction in the period based on a normal degree of fault to 18 months.
SIA accepted that if a causal link between the mental health condition and the decision not to make enquiries as to the nature of the substance was established, then, in the circumstances of this case, a finding of No Significant Fault or Negligence could be made. SIA fairly conceded that it was open to the Panel on the evidence to find such a causal link.
The Panel determines that the fresh new medical evidence demonstrates that the Athlete's cognitive functioning was impaired in that his ability to think rationally and exercise judgement was compromised. In view of all the circumstances the Panel concludes that the Athlete acted with No Significant Fault or Negligence that justifies a more reduced sanction.
Therefore the Appeal Panel of the National Sports Tribunal decides on 12 March 2023 to impose a 20 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 2 September 2022.
