Related Cases:
- NBB 2008 NBB Decision Disciplinary Committee 2008063 T
April 7, 2009
- Dutch District Court 2008 Athlete 2008063 vs NBB
March 10, 2010
Defendant appeals against the decision of the disciplinary committee of the Netherlands Badminton Association (Nederlandse Badminton Bond, NBB). Also the Board of the NBB appeals against the decision of the disciplinary committee.
Defendant was unaware, nor had any suspicion, that the ecstasy pills contained the prohibited substances. Also defendant claims that the NBB failed to give sufficient information about the Anti-Doping Code (ADC) rules.
The board of the NBB in her view thinks that period of ineligibility should be 2 years, there are no conditions to reduce the period.
The appeal commission findings are that the defendant has violated the Anti-Doping code rules for testing positive on the prohibited substances MDMA, MDA and 11-nor-∆9-tetrahydrocannabinol-9-carboxylic acid. These substances belong to the non-specific substances for which a reduction can be applicable.
The is no lack of information that the NBB gave toward the ABC rules.
Reduction of the period of ineligibility should be given with great consideration. The lapsed time, usage or intention for taken ecstasy is not important. The appeal committee doesn't agree with the disciplinary committee to reduce the period of ineligibility because this was the first case in badminton.
The appeal committee declines the appeal of the defendant and grants the appeal of the board of the NBB, the decision is a period of ineligibility of two years.
