Related case:
ISR 2005 KNCB Decision Disciplinary Committee 2005072 T
November 24, 2005
Defendant appeals against the decision of the Disciplinary Committee of the Royal Netherlands Cricket Association (Koninklijke Nederlandse Cricket Bond, KNCB) dated November 24, 2005.
Defendant presents a written defence and attends the oral hearing on March 22, 2006.
Defendant argues:
There is a violation of the rights for a fair trial: he should have been notified that he was entitled to ask copies of the lab-tests. But the KNCB did notify him by letter.
Lack of (convincing) evidence: defendant claims that the opinion of the disciplinary committee that the results of the lab can be missed. The appeal committee doesn't agree because the defendant didn't ask for a B-sample analyses. Defendant didn't ask for copies although he was informed to do so. A derivation of the international standard for laboratories was mentioned by the defendant but the appeal commission doesn't regard this as a reproach.
The appeal commission is not aware of any circumstances in which his confession is not considered to be valid.
The detected substances don't enhance sport performance: the appeal commission concludes it doesn't matter if a substance enhances sport performance, the fact that it is a prohibited substance is the violation.
Conflict with equality of principles: The defendant claims equality of principles for his recreational use of a narcotic, the appeal commission disagrees because cannabinoids are on the prohibited list.
Penalty: The defendant also claims the period of ineligibility is too long, his council mentions the principle of proportionality. Only when the defendant can prove his that there is no significant fault or Negligence the period of ineligibility can be reduced. The appeal committee sees no regulations for recreational use of drugs.
The appeal commission considers: not having the intention of enhancing sport performance; the drug was used social / recreational; there is no regular use; no prior disciplinary convictions; the athlete is not a professional in cricket
The appeal commission decides that the penalty will be reduced. The two years of ineligibility will be partly conditional (for 12 months) with a test period of 2 years commencing on the date of his last game.
