CAS 2021/ADD/25 United World Wrestling (UWW) v. Angus Patrick Arthur
- Wrestling
- Doping (dehydrochloromethyltestosterone (DHCMT))
- Delay of notification of ADRV and athlete’s defence rights
- Responsibility to clearly designate respondent(s)
1. Amongst others in light of the long limitation period provided by the WADA Code between the date of an alleged anti-doping rule violation (ADRV) and an action being commenced, delayed notification of an ADRV does not hinder an athlete’s defence rights. Also, a delay in the performance of e.g. sample analysis caused by unforeseeable circumstances (e.g. closure of laboratory due to pandemic as well as other measures taken to address the pandemic) may constitute an excusable delay.
2. Under Article A13 of the CAS ADD Rules, a claimant is responsible to clearly designate “the name and full address of the Respondent(s)” in the Request for Arbitration. Such provision is in line with Article 221 (1) of the Swiss Code of Civil Procedure which requires a claimant to specify the parties to the proceedings in its Request for Arbitration or Statement of Claim. A CAS panel may not impose any sanctions or similar on an entity that has not been duly designated as party to the proceedings.
In June 2020 the International Testing Agency (ITA), on behalf of United World Wrestling (UWF), reported an anti-doping rule violation against the Jamaican wrestler Angus Patrick Arthur after his sample tested positive for the prohibited substance Dehydrochlormethyltestosterone.
Following notification a provisional suspension was ordered and the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. A Decision was rendered based on the written submissions of the Parties.
The Athlete denied taking any, been supplied or advised to take any performing enhancing substances. He asserted that none of the nutritional substances he used at the time of the sample collection contained banned substances.
Further the Athlete complained that the passage of time between the date of sample collection (8 March 2020) and the reporting of the AAF (18 June 2020) prevented him from conducting his own investigation into the cause of the AAF.
The Sole Arbitrator 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.
The Arbitrator determines that the Athlete failed to present evidence about his attempts to investigate possible sources of contamination of his nutritional substances or other reasons he would have tested positive. As a result the Athlete failed to establish the source of the prohibited substance, nor that the violation was not intentional.
Although the Covid-19 pandemic caused a delay in the testing of the sample the Arbitrator finds that this delay was not substantial. Delays in the proceedings were deemed to be attributed to the Athlete.
Therefore the Court of Arbitration for Sport decides on 25 November 2021 that:
1.) The request for arbitration filed by United World Wrestling on 16 July 2021 against Angus Patrick Arthur is partially upheld.
2.) Angus Patrick Arthur committed an anti-doping rule violation in accordance with the United World Wrestling Anti-Doping Rules.
3.) Angus Patrick Arthur is sanctioned with a period of ineligibility of four (4) years.
4.) The period of ineligibility shall commence on 18 June 2020, which is the start date of the provisional suspension imposed on Angus Patrick Arthur.
5.) All competitive results obtained by Angus Patrick Arthur from the date of sample collection (8 March 2020) until 18 June 2020 are disqualified with all resulting consequences. The Athlete is ordered to return his gold medal and, if applicable, forfeit any other medals, points and prizes.
(…)
8.) All other motions or prayers for relief are dismissed.
