Facts
The Football Association (FA) charges Jake Livermore, the player, for an anti-doping rule (ADR) violation. The player provided a urine sample during an in-competition test on April 25, 2015. Analysis of the sample did show the presence of benzoylecgonine a metabolite of cocaine. Cocaine is a non-specified prohibited substance according to the World Anti-Doping Agency (WADA) 2015 prohibited list.
History
There is no substantial dispute between the FA and the player as to the relevant facts and the deeply tragic background in respect of the offence which is admitted. For reasons of privacy including sensitive medical information a substantial section concerned with the circumstances leading up to the commission of the ADRV will be redacted. The use of cocaine was related to the personal tragedy of the death of his son at birth. The Circumstances in this tragic case are properly regarded as exceptional and indeed unique in the judgment of the Commission. The degree of impairment was such that concepts such as fault and appropriateness of sanction are entirely inappropriate in the circumstances. There was no intention to enhance sport performance. Respondent had been tested on ten previous occasions and all tests had returned negative; this was a one-off incident in respect of the use of cocaine. He had never used recreational drugs previously.
The Commission having carefully considered and taking into account all the evidence relating to the circumstances and the degree of impairment in this case concludes that the respondent was not negligent or at fault in any real sense.
The unanimous view of the Commission is that the proportionality
principle is engaged in the present case such that given the circumstances, as they have been evidenced and found by the commission to exist, the imposition of any period of suspension would be wholly unjust and disproportionate. Indeed in the Circumstances it would be unconscionable to impose any period of suspension.
Decision
- This decision is not intended to set a precedent. Each case must be considered on its merits and individual facts. It will be a very rare case that does not fall within the express sanctions provided under the Regulations and the World Anti-Doping Code. This case however is a very rare case.
- The rules as to whether an ADRV has been committed are based upon strict liability and respondent has admitted the presence of the Prohibited Substance. However given the Circumstances as identified herein and the application of principles of proportionality in what is a very rare case the Commission imposes no Period of Ineligibility upon respondent.
- The emphasis in this case must now be upon support for the respondent. The Commission therefore directs that he will undertake a course of rehabilitation and education. In the present case that will need to be tailored so as to complement the counseling and treatment that he is already receiving. To assist with that process the responent will also be the subject of Target Testing for a period of one year.
- There will be no order as to costs.