UKAD 2023 UKAD vs Zolani Tete

On 18 October 2022 the South African Institute for Drugfree Sport (SAIDS) reported an anti-doing rule violation against the South African boxer Zolani Tete after his A and B samples tested positive for the prohibited substance Stanozolol. The samples had been provided by the Athlete in Wembley in London on 2 July 2022 after a boxing match.

Following notification in October 2022 a provisional suspension was ordered while results management authority was referred to United Kingdom Anti-Doping (UKAD) in January 2023. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Panel (NADP).

The Athlete admitted the violation, accepted the test results and denied the intentional use of the substance. He assumed that contamination had caused the positive test results.

However the Athlete's attempts to find the source of the prohibited substance were unsucessful. Analysis of a supplement in question and his nail clippings in a laboratory revealed no prohibited substances.

In this case the Panel is troubled that there had been substantial delays attributed to the London Laboratory, SAIDS and UKAD. Because the Athlete was notified 3½ months after the sample collection this delay effected his opportunity to produce corroborating evidence in his defence.

Following assessment of the evidence the Panel concludes that the Athlete failed to demonstrate that the violation was not intentional, nor how the substance had entered his system. The Panel finds that there is lack of evidence in favour of the Athlete whereas the evidence is more consistent with a plausible motivation for using Stanozolol.

Considering the Athlete's conduct the Panel deems that he had acted with significant fault and negligence. Further the Panel already had determined that there had been substantial delays in this case not attributed to the Athlete.

Therefore the Panel decides on 9 August 2023 to impose a 4 year period of ineligibility on the Athlete, starting backdated on 30 July 2022.

Original document

Parameters

Legal Source
National Decisions
Date
9 August 2023
Arbitrator
Apps, Katherine
Crystal, Terry
Irani, Mehernoosh
Original Source
UK Anti-Doping (UKAD)
Country
South Africa
United Kingdom
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
ADRV Notice
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Commencement of ineligibility period
International Standard for Laboratories (ISL)
Negligence
Substantial delay / lapsed time limit
Sport/IFs
Boxing (IBA) - International Boxing Association
Other organisations
South African Institute for Drugfree Sport (SAIDS)
UK Anti-Doping (UKAD)
Laboratories
London, United Kingdom: Drug Control Centre
Analytical aspects
B sample analysis
Hairtest
Doping classes
S1. Anabolic Agents
Substances
Stanozolol
Various
Chain of custody
Document type
Pdf file
Date generated
11 September 2023
Date of last modification
14 September 2023
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  • Laboratories
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  • Doping classes
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