Jamie Burdekin (player) was reported for an Anti-Doping Rules violation. On 20 July 2004 at the wheelchair British Open in Nottingham he provided samples for testing. The player’s A and B samples both tested positive for cocaine and metabolites of cocaine, a prohibited substance. The player did not dispute (though he did not formally admit) the presence of the drug in his urine sample, but contended that he was innocent of any intention to use a prohibited substance, that he did not knowingly take cocaine and that the drug must have entered his body by means of illicit administration (“spiking”) by a person or persons who were present with him in a bar in Liverpool during the evening of 17 July 2004.
Consideration of the player
Documents were provided very late, by reason of unjustified delay the mandatory two year disqualification should be dismissed.
The laboratory test result documents where written in French, which is not the player’s mother tongue.
It's highly probable that an acquaintance spiked his drinks for this reason no fault or negligence or no significant fault or negligence should apply.
Tribunal conclusions
There are considerations about informing the player too late about his positive drug test and not informing about analyzing the B-sample. But the delays are not regarded to be abnormal. However he should have been notified that the B-sample would be analyzed. For this the starting point of the ineligibility can be adjusted.
Also a claim to ban the two years of disqualification for reason of proportionality are not met in this case.
The problem for the report being in French is not a problem because when requested a translation would have been available.
Fact is that the player has to establish how the prohibited substance entered his body. No fault or negligence was not significant in relation to the offense.
What remains is the starting date of the ineligibility and the forfeiture of results.
Decision
The tribunal:
(1) confirms the commission of the doping offence specified in the notice of charge set out in the ITF’s letter to the player dated December 6 2004: namely that a prohibited substance, cocaine and metabolites of cocaine, has been found to be present in the urine sample that the player provided at the British Open in Nottingham on July 20, 2004;
(2) orders that the player’s individual result in both the singles and doubles competition must be disqualified, and in consequence rules that the ranking points and prize money obtained by the player through his participation in the singles and doubles competitions in that event, must be forfeited;
(3) orders, further, that the player’s individual results in competitions in which he participated shall be disqualified and in consequence rules that the ranking points and prize money obtained by the player through his participation in those events, must be forfeited;
(4) declares that the player is ineligible for a period of two years from 23 August 2004 to 22 August 2006 to participate in any capacity in any event or activity (other than authorized anti-doping education or rehabilitation programs) authorized by the ITF or any national or regional entity which is a member of or is recognized by the ITF as the entity governing the sport of tennis in that nation or region.
