UKAD 2015 UKAD vs Bernice Wilson

8 Mar 2016

UKAD 2015 UKAD vs Bernice Wilson
March 8, 2016

Related cases:
- UKAD 2011 UKAD vs Bernice Wilson
September 13, 2011
- UKAD 2011 Bernice Wilson vs UKAD - Appeal
January 19, 2012
- UKAD 2015 UKAD vs Georgios Skafidas
February 22, 2016

In 13 September 2011 the National Anti-Doping Panel Arbitral Tribunal decided to impose a 4 year period of ineligibility on the Athlete Bernice Wilson after her sample tested positive for the prohibited substances testosterone and clenbuterol. The Athlete’s appeal was dismissed on 19 January 2012 because all of her arguments were entirely without merit.

In February 2015 the United Kingdom Anti-Doping (UKAD) has reported a second anti-doping rule violation against the Athlete after her sample tested positive for the prohibited substance clomiphen. The sample was provided out-of-competition in her period of inegligibility she already served until 8 July 2015 as sanction for her first violation. After notification UKAD ordered a provisional suspension starting on 8 July 2015.

The Athlete gave a prompt admission including substantial assistance to UKAD and accepted a reduced sanction. The Tribunal had to rule whether the period of ineligibility for the second anti-doping rule violation should be a period of 10 months starting on 12 February 2015 (date of the sample collection) or 8 July 2015 (start of the provisional suspension).

The Athlete argued that the IAAF Rules have no separate provision specifically for a situation such as has arisen in the present case. Accordingly the IAAF Rules should be applied in the context of the sanction being imposed regardless of some other sanction (for the first violation). If there is an anomaly in the IAAF Rules, that is something for the rule makers to cure by amendments of the rules. If there is an ambiguity or an anomaly, then the IAAF Rules should be applied contra proferentem and hence in favour of the Athlete.

The Tribunal accepts the Athlete’s argument and concludes that there is no alternative but to apply the IAAF Rules as it stands without the contra proferentem principle.

Therefore on 8 March 2016 the National Anti-Doping Panel Arbitral Tribunal decides to impose a 10 month period of ineligibility on the Athlete starting on 12 February 2015 until 12 December 2015.
The Athlete is free to compete since 12 December 2015.

UKAD 2015 UKAD vs Daley Williams

7 Oct 2015

Facts
In April 2015 the United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the Athlete Daley Williams after his sample tested positive for the prohibted substances Drostanolone and Stanozolol. After notification a provisional suspension was ordered.

In his submission the Athlete accepted the test result and could not explain how the substance entered his system. Hereafter het Athlete failed to respond to the UKAD communications. The Panel rendered a decision base on the written submissions in this case.

The Panel decides on 7 October 2015 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 8 April 2015.

UKAD 2015 UKAD vs Dan Stevens

16 Sep 2015

Facts
The UK Anti-Doping organization (UKAD) charges Dan Steevens, the athlete, for an Anti-Doping rule (ADR) violation. On January 29, 2014, UKAD attempted to collect an out-of-competition sample, the athlete refused.

History
The athlete admitted the Charge.
UKAD issued a decision dated August 26, 2014 (the UKAD Decision) confirming the commission of an anti-doping rule violation by the athlete, imposing a period of ineligibility of 21 months (to run from 1 March 2014), and ordering the disqualification of all individual results
obtained by Mr Steevens since the date of the violation, along with ail resulting consequences including forfeiture of any medals, titles, points and prizes. [The Cycling Independent Reform Commission (CIRC) made a recommendation for reducing the sanction to 21 months for assisting with its inquiries].
On September 15, 2014, the athlete appealed against this decision.

Decision
The parties came to an agreement and the UKAD issued a consent order:
- The sanction is a period of ineligibility of 21 months.
- The period of ineligibility starts from January 29, 2014.
- Results obtained on and after January 29, 2014, are cancelled.
- Medals, titles, points and prizes are withdrawn.

UKAD 2015 UKAD vs Darren Eales

19 Jun 2015

Related case:

UKAD 2019 UKAD vs Darren Eales
November 11, 2020

In December 2014 the United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the rugby player Darren Eales after his sample tested positive for the prohibited substances Boldenone, Oxymetholone and Trenbolone.

After notification a provisional suspension was ordered. Initially the Athlte admitted the violation but hereafter failed to respond to the communications from UKAD. The National Anti-Doping Panel settled this case based on the written submissions.

The Panel finds that the presence of prohibited substances had been established in the Athlete's sample and accordingly that he had committed an admitted anti-doping rule violation.

Therefore that National Anti-Doping Panel decides on 19 June 2015 to impose a 2 year period of ineligibiltiy on the Athlete starting on the date of the provisional suspension, i.e. on 11 December 2014.

UKAD 2015 UKAD vs Gabriel Evans

18 Dec 2015

Related case:
UKAD 2016 Gabriel Evans vs UKAD - Appeal
July 5, 2016

In September 2015 the United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the young Athlete Gabriel Evans for the use and possession of the prohibited substance erythropoietin (EPO). After notification a provisional suspension was ordered and the Athlete gave a promp admission.

Considering the Athlete’s prompt admission and the seriousness of the violation UKAD decides on 18 December 2015 to impose a 3 year and 6 month period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 16 October 2015.

UKAD 2015 UKAD vs Gareth Warburton

12 Jan 2015

Facts
The United Kingdom Anti-Doping (UKAD) had charged Garath Warburton, the athlete, for a violation of the Anti-Doping Rules. On June 17, 2014, during an out-of-competition doping control samples were taken for doping test purposes. The samples of the athlete showed the presence of a metabolite of several exogenous anabolic steroids including methyltestosterone and metandienone. These exogenous steroids are prohibited substances according the World Anti-Doping Agency (WADA) 2014 prohibited list.

History
The Athlete didn't knew that the supplement he had used was contaminated with the prohibited substance and requested that any sanction will be eliminated. The athlete personally investigated the supplements and the need to make all necessary inquiries as to their safety”. He researched the suppliers website and undertook appropriate additional investigations, including that the products were backed by certificates of conformity, indicating to him that they were properly batch tested and safe to use. Further, he discussed it with his agent, and his partner and colleagues. No one said it was anything other than ‘safe’ to use.
Because of the fact that his sanction was reached after January 1, 2015 Lex mitior was applied because the new ruling of the WADA has a lesser severe penalty for this violation.

Decision
The period of Ineligibility imposed is six months commencing on 11 July 2014.

UKAD 2015 UKAD vs Gavin Duffy

9 Feb 2016

In August 2015 UK Anti-Doping (UKAD) has reported an anti-doping rule violation against the Athlete Gavin Duffy after his sample tested positive for the prohibited substance cocaine.
After notification a provisional suspension was ordered. The Athlete filed a statement with evidence in his defence and he was heard for the National Anti-Doping Panel.

The Athlete admitted the out-of-competition use of the substance without intention to enhance his performance. The Athlete told the Panel, sustained by expert witnesses, that he suffered from a depression with increased alcohol consumption after his relationship broke down in January 2015. He lost his job, injured his shoulder and stopped attending the rugby training. The Athlete stated that in the six weeks before the competition he had drunk alcohol and used cocaine each weekend.

The Panel accepts the Athlete’s evidence and concludes that the anti-doping violation was not intentional and that he bears no significant fault or negligence.

Therefore the National Anti-Doping Panel decides on 9 February 2016 to impose a 15 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 20 August 2015.

UKAD 2015 UKAD vs Georgios Skafidas

22 Feb 2016

Related cases:
- UKAD 2011 UKAD vs Bernice Wilson
September 13, 2011
- UKAD 2011 Bernice Wilson vs UKAD - Appeal
January 19, 2012
- UKAD 2015 UKAD vs Bernice wilson
March 8, 2016

Dr. Georgios Skafidas previously was a UK Athletics licensed coach and ran a training group for young athletes at the Princess Royal Sports Arena in Lincolnshire.
In November 2015 the United Kingdom Anti-Doping (UKAD) has reported 9 anti-doping rule violations against dr. Georgios Skafidas related to his conduct:
- Administration of testosterone, clenbuterol, stanozolol, ephedrine to the Athlete Bernice Wilson in.
- Possession of testosterone, clenbuterol, stanozolol and ephedrine by an athlete support person.
- Trafficking testosterone, clenbuterol, stanozolol and ephedrine.
- Tampering by knowingly providing false information in a disciplinary hearing.
- Administration clomiphene and stanozolol to the Athlete Bernice Wilson.
- Possession of clomiphene and stanozolol by an athlete support person.
- Trafficking of clomiphene and stanozolol.
- Tampering by knowingly removing a letter addressed to the Athlete Bernice Wilson.
- Tampering by providing a false account in an interview.

In May and June 2011 Dr Skafidas administered testosterone and other Prohibited Substances to Bernice Wilson, which resulted in the athlete testing positive following an in-competition test at the Bedford International Games on 12 June 2011.
At a hearing before a National Anti-Doping Panel on 12 and 13 September 2011, Dr Skafidas represented Ms Wilson and knowingly provided false information to the Panel. Following that hearing Ms Wilson was banned from all sport for four years.

In January and February 2015, before Ms Wilson’s return to sport, Dr Skafidas again administered Prohibited Substances to her. Despite not being eligible to compete, Ms Wilson was still subject to Anti-Doping Regulations and following an out-of-competition test on 12 February 2015 Ms Wilson tested positive for clomiphene.
Dr Skafidas then proceeded to subvert the doping control process by removing and concealing a Notice of Charge sent to Ms Wilson by UKAD and knowingly provided a false account to UKAD during his interview in Greece on 10 June 2015 thus further contravening the rules against tampering.

After notification of the violations in December 2015 Dr. Skafidas submitted an admission for all reported charges and waived his right to be heard. UKAD filed witness statements from the athletes Bernice Wilson, Graeme Simpson, David Brown, Joseph White and Stacey Shevill and a transcript of the NADP hearing on 12 and 13 September 2011, interviews with Bernice Wilson and with Dr. Skafidas.

Considering the admitted charges and established on the evidence the Tribunal unanimously finds that the right, proportionate and necessary sanction for this misconduct is a ban for life.

Therefore on 22 February 2016 the National Anti-Doping Panel Arbitral Tribunal decides to impose the following period of ineligibility on Dr. Skafidas:
- 2 years from 23 November 2015 for possession and tampering in 2011.
- 4 years from 23 November 2015 for possession and tampering in 2015.
- For life for administration and trafficking in 2011 and 2015.

UKAD 2015 UKAD vs Greg Roberts

23 Oct 2015

Facts
The United Kingdom Anti-Doping (UKAD) had charged Greg Roberts, the athlete, for a violation of the Anti-Doping Rules. On March 5, 2015, the player provided an in-competition sample for doping test purposes. The sample of the athlete showed the presence of tamoxifen which is a prohibited substance according the World Anti-Doping Agency (WADA) 2015 prohibited list.

History
The athlete admitted the violation. He claims that the positive test came from the use of a supplement called 'Anti Esto', which was used to ameliorate the symptoms of gynaecomastia. The active ingredient of Anti Esto is 1 ,2-diphenyl-1-butene, a compound which is chemically similar to tamoxifen. Mr Roberts asserts that he purchased and used the supplement without undertaking any research into the supplement's ingredients.
He used tamoxifen for therapeutic reasons, albeit without any medical advise being sought. He has since sought expert medical advise in relation to his condition and is being treated accordingly.
The panel takes into consideration the prompt admission and not requiring a B sample analysis and a hearing.

Decision
- The period of ineligibility imposed is two years the commencing from March 11, 2015 and will end at midnight on March 10, 2017. During this period he can not participate in any capacity in a competition event or other activity (other than authorized anti-doping education or rehabilitation programs) organised, convened, authorized or recognized by the Welsh Rugby Union (WRU) or member organization, any professional league or any international- or national-level event organisation and any elite or national-level sporting activity funded by a government agency.

UKAD 2015 UKAD vs Jeremy Wilson

17 Feb 2016

In December 2015 the United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the boxer Jeremy Wilson after his sample tested positive for the prohibited substance furosemide.
After notification the Athlete gave a prompt admission and without a hearing accepted the provisional suspension and the sanction rendered by UKAD.

The Athlete stated that he had used a supplement recommended by a friend. He was led to believe that the supplement was a mixture of vitamin C powder and a caffeine-based herbal diuretic and he failed to research the ingredients of the supplement before using.

Considering that the Athlete was significantly at fault and acting without intention UKAD decides on 17 February 2016 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 21 December 2015.

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