On 18 August 2015 the Malta Football (MFA) Control and Disciplinary Board decided to impose a 2 year period of ineligibility on the football player Nigel Rizzo after he tested positive for the prohibited substances Cannabis and Cocaine. Here the Board accepted that the violation was no intentional and that the substances were used out-of-competition. The Board rejected the Athlete’s assertation that the Cocaine came into his system through passive ingestion.
Hereafter in August 2015 the Athlete appealed the MFA decision of 18 August 2015 with the MFA Board of Appeal.
The Athlete admitted the use of Cannabis but denied the use of Cocaine. He claimed that the substance came into his system out-of-competiton at a club through passive inhalation when people in his vicinity inhaled the powder. The Athlete argued that in First Instance his assertion about passive inhalation was ignored, that the imposed sanction was too severe and he requested the Board of Appeal for a reduced sanction.
The MFA Board of Appeal finds that already had been established that the violation was not intentional and believes that the Athlete had been involved before in circumstances that these substances were used. Further the Board holds that the Athlete failed to produce evidence in support of his assertion. Also the Board considers that the concentration Cocaine found in the Athlete’s sample was not consistent with the passive inhalation of the substance.
Therefore the MFA Board of Appeal deems that there are no grounds for a reduced sanction, dismisses the Athlete’s appeal and decides on 18 September 2015 to uphold the MFA Control and Disciplinary Board decision of 18 August 2015.