CAS 2003/A/455 W. v/ UK Athletics
- Athletics
- Doping (testosterone)
- Right to a fair hearing
- Equal treatment
- Sanction in case of multiple doping offences
1. Not every cause justifies the postponement of a hearing, rather the cause must in any event be a "just" cause. A hearing date requires extensive preparation and usually requires a great number of people to be present. The fact that one party says it will not attend the hearing does not in itself constitute just cause. Instead, just cause requires that a party cannot attend for no fault of his own.
2. Whether an offence constitutes a first offence or whether it constitutes a second offence is matter for debate. Common usage of language would suggest that one must look at the chronological sequence of the offences. Pursuant to the Doping Rules and Procedures of UK Athletics, a doping offence is deemed to have been committed when "a prohibited substance is found to be present within an athlete's body tissue or fluids". The decisive factor is therefore the date when the prohibited substance was found in the athlete's body. That is either the date when the A sample was analysed or the date of the taking of the sample. It is not the date of the hearing.
In May 2002 UK Athletics has reported 2 separate anti doping rule violations against the Athlete:
- Athlete’s April 2002 sample showed abnormal proportion of testosterone to epitestosterone (T/E-ratio).
- Athlete’s May 2002 sample tested positive for the prohibited substances 17-epimethandienone.
On October 24, 2002, the IAAF informed UK Athletics that it would not oppose any action to treat the findings of the Athlete’s April sample and May sample as two separate offences.
On 11 February 2003 the Disciplinary Committee found the Athlete guilty of two doping offences and decided an ineligibility to complete in athletics events within the UK and abroad, for life.
In April 2003 the Athlete appealed against UK Athletics Disciplinary Committee's decision of 11 February 2003, regarding his ineligibility for life.
The Court of Arbitration for Sport decided on 21 August 2003:
1.) The appeal filed by Appellant on 16 April 2003 is allowed in part.
2.) The decision by the Disciplinary Committee of UK Athletics dated 11 February 2003, the grounds of which were given on 21 February 2003, is upheld.
3.) The decision by UK Athletics dated 12 February 2003 by which Appellant was declared ineligible to take part in any athletic event within the United Kingdom or abroad for life is varied as follows:
Appellant is declared ineligible to take part in any athletic event within the United Kingdom or abroad until 11 June 2006.
