facts
M. Charles Irie (player) was reported for a violation the Anti-Doping Rules. During the David cup in Plovdiv, Bulgaria, on April 11, 2008, he provided an urine sample for a drug test. His sample tested positive for the prohibited substance nikethamide. The player didn't know how he ingested the substance. He did not deliberately consume the substance or used it to enhance his sport performance. The case is handled on the basis of written submissions.
Decision
The Tribunal’s Ruling:
(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 9 July 2008: namely that a prohibited substance, nikethamide and metabolite thereof, has been found to be present in the urine specimen that the player provided on 11 April 2008 at the Davis Cup tie in Plovdiv, Bulgaria;
(2) orders that the player’s results in respect of the Davis Cup must be disqualified; and that the player’s individual results in competitions subsequent to the Davis Cup shall be disqualified;
(3) finds that the player has failed to establish on the balance of probabilities that his consumption of a substance or substances leading to the positive test result was not intended to enhance sport performance; and
(4) declares the player ineligible for a period of two years, running from 16 July 2008 until midnight London time on 15 July 2010, from
participating 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.
