The Royal Netherlands Power Sport and Fitness Federation (Koninklijke Nederlandse Krachtsport en Fitnessfederatie, KNKF) appeals against an earlier decision of the Disciplinary Committee on August 25, 2009, the decision was that the report was inadmissible due to exceeding the 6 week period to appeal.
The KNKF claims that the report was not inadmissible.
The case will be treated in writing. The KNKF claims that the period filing a report is not a compelling argument because this not in the spirit of sports or common goal.
The KNKF regards that 10 days delay is not putting the defendant unnecessary in suspense because the decision of the disciplinary committee can sometimes last 11 weeks.
The six week period is not meant to be compelling, it is a reminder not to be late but can be exceeded.
To exceed the six week period can be used to settle the sentence. Also it is a wrong signal to the outer world.
The defendant claims that a report has to be filed within 2 weeks otherwise it is inadmissible. 6 weeks is the ultimate period.
The KNKF was earlier careless in regarding the 6 week period which makes it a legal uncertainty. Following the right procedure ensures a fair trial. The remarks about the time in-between report and decision are improper and irrelevant.
The remarks of the KNKF about the severe nature of the committed offence are regarded as irrelevant.
The disciplinary commission regards the time periods of the Anti-doping Code as short. This is reasonable regarding to the athletes involved. The KNKF and the Anti-doping Authority are involved to safeguard the 6 week period in which they failed.
To speak of a slight delay of 10 days is not relevant, stalling leads to legal uncertainty.
The seriousness of the case doesn't influence the judgement of the disciplinary commission.
The acquisition from the KNKF that the disciplinary committee was late submitting his decision also is irrelevant and unjustified. The report was filed before the vacation, the defended had more time for his defence. There are rules that WADA can interfere when the decision is not made in time.
The appeal commission decision is that the appeal is rejected and the decision of the disciplinary commission is confirmed.
