Related case:
SAIDS 2022_41 SAIDS vs Thomas William Oosthuizen
June 23, 2023
On 23 June 2023 the SAIDS Anti-Doping Tribunal decided to impose a 4 year period of ineligibility on the boxer Thomas William Oosthuizen for his refusal or failure to submit to sample collection.
On 16 October 2022 the Athlete was selected to submit to sample collection. Yet, he only provided 2 partial invalid samples and thereafter failed to produce an additional 3rd valid sample. Although the Bloemfontein Laboratory established no prohibted substances in the Athlete's samples they were deemed to be invalid.
Hereafter the Athlete appealed the Tribunal decision with the SAIDS Appeal Board. He reguested the Appeal Board to set aside the Appealed Decision and to impose a reduced sanction.
The Athlete asserted that he gave his full cooperation and denied that he had refused to provide a third sample. His samples tested clean and also he was not ever warned of the consequences of his refusal by the Doping Control Officers in term of the ADR.
SAIDS contended that the Athlete had no compelling justification for not submitting and/or completing the sample collection session on the day of the boxing event. The fact remains that he refused to provide a third valid sample as requested.
The Panel finds that it is undisputed that the Athlete's samples did not contain any prohibited substances. Yet, the Athlete failed to submit a third sample and accordingly committed an anti-doping rule violation.
In view of the evidence the Panel accepts that the violation was not intentional. The Panel determines that the Athlete had been negligent and that there are grounds for a reduced sanction.
Therefore the SAIDS Appeal Board decides on 13 February 2024 to uphold the Athlete's appeal and to impose a 2 year period of ineligibility on the Athlete, starting on the date of the Decision, i.e. 23 June 2023.
