10 Dec 2012
By letter dated 14 May 2012 the UK Anti-Doping ("UKAD") charged Ian Burns (the "respondent") with: Possession of: testosterone (Sustanon and/or Cidotestin) and/or nandrolone (Deca) between September 2010 and September 2011; and/or testosterone (Sustanon), nandrolone (Deca), stanozolol, methandienone (aka Dianabol), human growth hormone, HCG and/or tamoxifen, on or around September 22, 2011; and/or use or Attempted Use of: testosterone (Sustanon and/or Cidotestin) and/or nandrolone (Deca) between September 2010 and September 2011; and/or stanozolol and/or methandienone (Dianabol) during or about August 2011; and/or 6.2.3.testosterone, nandrolone, stanozolol, methandienone, hGH, HCG and/or tamoxifen.
History
Unusually the Panel has been provided with evidence from the police. The evidence relied on by UK Anti-Doping in this case is set out in the witness statements of PC Christopher Woollett, of the Durham Constabulary. On 21 September 2011, PC Woollett obtained a warrant from the North Durham Magistrates’ Court pursuant to section 23 of the Misuse of Drugs Act 1971, to search for controlled drugs at (the Respondent’s home address). PC Woollett and seven other police officers went to execute that search warrant the next day, September 22, 2011. Boxes with prohibited substances were found. At first the respondent admits that the prohibited substances found in his,house are his later he claims that they belong to someone else.
Decision
1. The Respondent has committed the following anti-doping rule violations;
2. Possession, in violation of IAAF Rule 32.2(f), of: testosterone and/or nandrolone between September 2010 and September 2011; and/or methandienone, stanozolol, testosterone, nandrolone, hGH, HCG and/or tamoxifen on or around September 22, 2011; and/or
48.1.2. Use or Attempted Use, in violation of IAAF Rule 32.2(b), of:
testosterone and/or nandrolone between September 2010 and September 2011; and/or methandienone (aka Dianabol) and/or stanozolol during or about August 2011; and/or methandienone, stanozolol, testosterone, nandrolone, hGH, HCG and/or tamoxifen on or around 22 September 2011;
3 The Respondent’s results obtained by the Respondent from September 1, 2010 to 31 August 31, 2011 are hereby disqualified, in accordance with IAAF Rule 40.8;
4. the Respondent is hereby made the subject of a period of ineligibility of four years deemed to have started to run on 19 May 2012. This extended period is imposed by the Panel in the exercise of its discretion under IAAF Rule 40.6. The period of Ineligibility shall run from 00:01 am 19 May 2012 being the time and date of the Athlete’s provisional suspension and so shall end at 00:01 am 19 May 2016.
During the period of Ineligibility the Respondent must not participate in any Competition or activity, including coaching, other than in authorized anti-doping education or rehabilitation programs, which are authorized or organized by the IAAF or any Area Association or Member or Signatory or in competitions authorized or organized by his sport.The Respondent will remain subject to Testing during the period of Ineligibility.
Rights of Appeal
In accordance with IAAF Rule 42 the following shall have the right to appeal against this decision to the National Anti-Doping Appeal Tribunal: the Athlete, UK Anti-Doping, UK Athletics and WADA. Any party that wishes to exercise such rights must file a Notice of Appeal with the National Anti-Doping Panel Secretariat no later than 21 days from the date of receipt of this decision, in accordance with the NADP.