Related case:
World Rugby 2014 WR vs Maxim Gargalic (1)
November 28, 2014

On 28 November 2014 the World Rugby Judicial Committee decided to impose a 2 year period of ineligibility on the Moldovian Athlete Maxim Gargalic after he tested positive for the prohibited substance 19-norandrosterone (Nandrolone) starting on the date of the provisional suspension, i.e. 3 July 2014.

Hereafter World Rugby received information that the Athlete had played in 8 matches between July 2014 and September 2014 as breach of the previous ordered provisional suspension.
The Athlete did not dispute he played the matches during the provisional suspension and explained that he mistakenly believed that he was entitled to continue to play until the final decision was rendered.

The Judicial Committee finds that the Athlete is either wilfully blind or untruthful as to his understanding of the terms of the provisional suspension. There is no other plausible interpretation of the words “provisionally suspended” such that the Player might have reasonably believed that he was entitled to continue to play rugby. Further, the Regulations themselves are abundantly clear on the Player’s status while under provisional suspension.

Without mitigating circumstances the Judicial Committee decides on 29 June 2015 that the originally imposed sanction (two years) shall start over again on the date of the latest violation, i.e. 15 September 2014, including disqualification of his results obtained during the provisional suspension.

Nuwan Hettiarachchi (26) from Sri Lanka was suspended for six months after taking a natural remedy that was contaminated.

World Rugby has confirmed that Sri Lanka player Nuwan Hettiarachchi has received a six-month suspension for an anti-doping rule violation.

The 26-year-old underwent an in-competition doping control undertaken at the 2014 Asian 5 Nations match between Sri Lanka and Philippines in Colombo, Sri Lanka. Under analysis, his sample was revealed to contain prednisolone, classified under S9.Glucocorticosteroids on the World Anti-Doping Agency’s 2014 list of prohibited substances.

The player accepted that he had committed an anti-doping rule violation contrary to Regulation 21.1.1 but maintained that there was no intention to enhance sport performance and no fault on his part.

The player has, for some time, experienced asthmatic and respiratory conditions as a result of allergies. He had previously relied on what he described as “western medical treatments” for these conditions, to no avail. He then turned to ayurveda, a system of traditional indigenous medicine in Sri Lanka and he noticed his condition improving.

When he developed a cough and cold, he obtained some ayurvedic medicine from a practitioner in his home town, Kandy, but he did not show the practitioner a copy of the prohibited list and he did not consult with a qualified medical doctor, sports doctor or his union before using it. It was his contention that prednisolone was added to this ayurvedic remedy without his knowledge.

The committee felt there was no reason to disbelieve the player’s evidence that he took the medicine to treat his cough and allergies, not to enhance his performance. It felt that the player was entitled to the benefit of a reduced sanction due to his use of a specified substance while ultimately still being at fault.

In considering all aspects of the case, the committee decided to impose a six-month suspension. Given the player had been provisionally suspended since 7 July 2014, the suspension is now complete and he is free to resume participation.

In June 2015 World Rugby has reported an anti-doping rule violation against the Welsh rugby player Carl Townsend after his sample tested positive for the prohibited substance oxandrolone. After notification a provisional suspension was ordered.

The Athlete filed a statement in his defence, gave a prompt admission, waived his right to be heard and accepted the sanction proposed by World Rugby for his non intentional violation. He stated that during his period of retirement he had purchased and used over the counter protein, preworkout powders and testosterone boosters which were not quality assured and batch tested.

Considering the Athlete’s degree of Fault and his admitted reckless conduct the World Rugby Judicial Committee decides on 13 August 2015 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 29 June 2015.

In August 2015 World Rugby has reported an anti-doping rule violation against the rugby player Jayson Smith from the Turks and Caicos Islands after his sample tested positive for the prohibited substance cannabis in a concentration above the WADA threshold. After notification a provisional suspension was ordered.

In his submission the Athlete admitted the violation, expressed his apologies for his actions and waived his right to be heard for the World Rugby Judicial Committee. The Judicial Committee notes that the Athlete failed to demonstrate in his submission that his use of cannabis was unrelated to sport performance as ground for a reduced sanction.

Therefore the World Rugby Judicial Committee decides on 19 February 2016 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 19 August 2015.

In December 2015 World Rugby has reported anti-doping rule violations against the Botswanan rugby players Lesedi Chery and Emmanuel Ntshiwa after their samples tested positive for the prohibited substance Oxilofrine (methylsynephrine).

After notification a provisional suspension was ordered. The Athletes filed a statementen in theire defence and were heard for the World Rugby Judicial Committee.

Both Athlete’s admitted the violation, denied the intentional use of the substance and stated that they had used supplements during their training in South Africa. These supplements were purchased by their coach and provided by a local retailer of supplements. According to the retailer the purchased supplement Berserker was ‘athlete friendly’ and ‘legal’.

The Athlete’s coach acknowledged his failure and stated that he had researched the product Berserker on the internet and conducted a superficial check on the Prohibited List for the substance Methylsynepphrine and not for Oxilofrine, assuming hereafter that the product was safe.

Considering the statements World Rugby and the Judicial Committee accepts that the Athletes not intentionally ingested the prohibited substance and that the supplement Berserker was the source of the oxilofrine. The Committee concludes that both Athletes failed to demonstrate that they acted with no significant fault or negligence.

Therefore the World Rugby Judicial Committee decides on 22 April 2016 to impose a 2 year period of ineligibility on the Athletes Lesedi Chery and Emmanuel Ntshiwa, starting on the date of the provisional suspension, i.e. on 11 December 2015.

In a postcript the World Rugby Judicial Committee notes that the Botswana Rugby Union clearly failed in implementing anti-doping education programmes for rugby. It recommends that the Union implement such an anti-doping education programme and report to World Rugby about the details and progress of this implemented programme.

In February 2016 World Rugby has reported an anti-doping rule violation against the Russian rugby player Aleksey Mikhltsov after his sample, provided on 18 January 2016, tested positive for the prohibited substance Meldonium (Mildronate) in a concentration of 25 ng/mL (0.025 μg/ml). After notification a provisional suspension was ordered. The athlete filed a statement in his defence and he was heard for the World Rugby Judicial Committee.

The Athlete admitted the violation and stated that he acted neither intentional or reckless and that had used the substance as prescribed medication on advice of his club doctor until October 2015. Due to Meldonium would be included in the 2016 Prohibited List he used another medication instead of Meldonium.

On 11 April 2016 the World Anti-Doping Agency (WADA) issued a Notice about Meldonium with guidelines in the circumstances that there may be grounds for no fault or negligence on the part of the Athlete.

The Judicial Committee accepts the Athlete’s explanation and finds that the Athlete established on a balance of probability that the anti-doping violation was neither intentional or reckless. Because the Athlete ceased taking Meldonium in October 2015, it is seriously questionable whether he could have reasonably apprehended there would be minute quantities of the substance in his system after 1 January 2016 and there was a significant risk it might constitute an anti-doping rule violation.

The Committee determines that there was No Fault or Negligence on the Athlete’s part and that the Athlete’s case came within paragraph number 3 of the WADA Notice (Cases where the concentration is below 1 μg/ml and the test was taken before 1 March 2016). As a result the Judicial Committee concludes that there are grounds to reduce the period of ineligibility from 4 to 2 years and also to eliminate this 2 year period of ineligibility.

Therefore the World Rugby Judicial Committee decides on 25 May 2016, and in its final decision of 2 June 2016, that with the elimination of the 2 year period of inelibilibility the Athlete was permitted to resume playing Rugby immediately.

In February 2016 World Rugby has reported an anti-doping rule violation against the Russian rugby player Alena Mikhltsova Bogacheva after her sample, provided on 3 February 2016, tested positive for the prohibited substance Meldonium (Mildronate) in a concentration of 20 ng/mL (0.02 μg/mL). After notification a provisional suspension was ordered. The athlete filed a statement in her defence and she was heard for the World Rugby Judicial Committee.

The Athlete admitted the violation and stated that she had used the substance as prescribed medication. Due to Meldonium would be included in the 2016 Prohibited List she stopped using this medication in October 2015.

On 11 April 2016 the World Anti-Doping Agency (WADA) issued a Notice about Meldonium with guidelines in the circumstances that there may be grounds for no fault or negligence on the part of the Athlete.

The Judicial Committee accepts the Athlete’s explanation and finds that the Athlete established on a balance of probability that the anti-doping violation was neither intentional or reckless. Due to the Athlete ceased taking Meldonium in October 2015, it is seriously questionable whether she could have reasonably apprehended there would be minute quantities of the substance in his system after 1 January 2016 and there was a significant risk it might constitute an anti-doping rule violation.

The Committee determine that there was No Fault or Negligence on the Athlete’s part and that the Athlete’s case came within paragraph number 3 of the WADA Notice (Cases where the concentration is below 1 μg/ml and the test was taken before 1 March 2016). As a result the Judicial Committee concludes that there are grounds to reduce the period of ineligibility from 4 to 2 years and also to eliminate this 2 year period of ineligibility.

Therefore the World Rugby Judicial Committee decides on 3 May 2016, and in its final decision of 3 June 2016, that with the elimination of the 2 year period of inelibilibility the Athlete was permitted to resume playing Rugby immediately.

In July 2016 World Rugby has reported an anti-doping rule violation against the Namibian rugby player Arthur Christo Bouwer after his sample tested positive for the prohibited substance Dehydrochlormethyltestosterone (Turinabol). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the World Rugby Judicial Committee.

The Athlete admitted the violation and denied the intentional use of the prohibited product. He stated that over the past 2 years he had used a number of supplements and all of these supplements were mentioned on the Doping Control Form.
He admitted that he had used capsules of a product provided to him by another tourist ‘Antonio’ during his European Tour in October 2015. He stated that at that time he went through a depression stage, he was open to try new products and he was assured that this product was ‘safe’. Afterward the Athlete found out that the capsules of the product he had used might have been Superdrol (Methyldrostanolone) or Super-Anadrol (Oxymetholone). Neither of these products contain the substance Dehydrochlormethyltestosterone (Turinabol).
The Athlete acknowledged his failure to reseach the product on the internet before using and that he had been reckless.

The Judicial Committee finds that the Athlete’s anti-doping rule violation has been established and that the Athlete’s statement and evidence is vague. He failed to prove the consumption of Superdrol or Super-Anadrol, due to these products don’t contain Turinabol, and he failed to prove that his conduct was unintentional.

Without grounds for a reduced sanction the World Rugby Judicial Committee decides on 26 October 2016 to impose a 4 year period on the Athlete starting on the date of the provisional suspension, i.e. on 12 July 2016.

In April 2016 World Rugby has reported an anti-doping rule violation against the Namibian rugby player Cameron Xavier McNab after his sample tested positive for the prohibited substances Dehydrochlormethyltestosterone (Turinabol) and Metandienone (Dianabol). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the World Rugby Judicial Committee.

The Athlete denied the intentional use of the substances and stated that previously he had purchased and used the supplements Jack 3d, Hellfire EPH 150 (containing stimulants) and Animal M Stak in November and December 2015. He used the supplement Jack 3d at least 30 days before the doping test.
He argued that the positive test could only be attributed to those supplements due to contamination with two different anabolic steroids. However the Athlete’s sample, provided in April 2016, did not contain the stimulant Methylhexaneamine (dimethylpentylamine) and the detection window for the substance Dianabol is about 20 days after intake and for Turinabol the detection window is about 40 to 50 days. In his defence the Athlete asserted that irregularities occurred during the transport from Windhoek to the Swiss Laboratory via South Africa.

Considering the statements and evidence the Judicial Committee establish that no departures occurred concerning the sample collection and the chain of custody. Also the Committee finds the Athlete’s statement is unconvincing due to several significant discrepancies. The Athlete also failed to establish that the violation was unintentional.

Therefore the World Rugby Judicial Committee decides on 31 August 2016 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 26 April 2016.

In July 2016 World Rugby has reported an anti-doping rule violation against the Uruguayan rugby player Gonzalo Campomar Santamaria after his sample tested positive for the prohibited substance Stanozolol. After notification a provisional suspension was ordered. The Athlete filed a statement with evidence in his defence and he was heard for the World Rugby Judicial Committee.

The Athlete requested for a reduced sanction, denied the intentional use of any product containing the prohibited substance and stated he had only used a Supplement P6 Extreme, a legal natural testosterone booster, between March and May 2016. He purchased this Supplement from ‘a player’s friend’ after he suffered from a rugby injury and underwent surgery in June 2015. The Athlete assumed that the main component in the Supplement (Tribulus Atatus Extract) is the source of the positive test. Also he argued that the Supplement may be contaminated by androgenic-anabolic steroid referring to medical literature.

World Rugby argued that the Athlete’s conduct was reckless, he failed to produce hard evidence in support of his statement and neither that the anti-doping violation was unintentional. The Athlete didn’t demonstrate a link between the Supplement and the Substance due to the ‘testosterone booster’ the Athlete didn’t test positive for Testosterone nor did he prove that the supplement was contaminated.

The Judicial Committee agrees that the Athlete didn’t provide reliable and probative forensic evidence which supported his that his Supplement was likely to have been contaminated and neither did he produce evidence which scientifically indicated the P6 Extreme could be linked to the substance Stanazolol. The Committee finds it more likely that the anabolic steroid was ingested independently of the Supplement.

Therefore the World Rugby Judicial Committee decides on 10 October 2016 to impose an 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 5 July 2016.

REVISION

Hereafter in October 2016 the World Anti-Doping Agency (WADA) informed World Rugby that the Uruguayan rugby player Gonzalo Campomar Santamaria previously had committed an anti-doping rule violation and was sanctioned for 18 months on 22 February 2013 by the Organización Nacional de Antidopaje del Uruguay (NADO Uruguay) after he tested positive for the prohibited substance Ephedrine.

In spite of the Athlete's objections the Judicial Committee rules that it has jurisdiction to amend the sanction for the Athlete's second anti-doping rule violation.

Therefore the World Rugby Judicial Committee decides on 20 February 2017 to amend its decision of 10 October 2016 and to increase the period of ineligibility from 4 to 8 years starting on the date of the provisional suspension, i.e. on 5 July 2016.