NADO Flanders 2019 Disciplinary Commission 20196617
January 28, 2020
In 2018 Customs in Flanders intercepted a parcel and addressed the Athlete’s girlfriend containing the prohibited substances Erythropoietin (EPO) and Oxymetholone. As a result the police conducted a search in the Athlete's residence in August 2018 where also the prohibited substance Letrozole was found.
Consequently on 28 January 2020 the NADO Flanders Disciplinary Commission decided to impose a fine and a 4 year period of ineligibility on the Athlete for the use and possession of these prohibited substances. The Athlete's denials and explanations regarding the found substances were rejected.
Hereafter in January 2020 the Athlete appealed the First Instance Decision with the NADO Flanders Disciplinary Council.
The Athlete denied the purchase and possession of the prohibited substances and seeked with the principle of non-bis-in-idem and with extensive legal arguments to annul the imposed sanction because he was already convicted by the Criminal Court in Brussel for the same violation.
Considering the evidence in this appeal the Disciplinary Council established that there were in fact 3 intercepted shipments in April, May and June 2018 addressed to the Athlete and his girlfriend containing prohibited substances while another prohibited substance was found by the police in his residence. The Athlete’s denials and explanations were unsubstantiated by any corroborative evidence and after additional investigations the Council deems that sufficiently has been proved that the Athlete had purchased these prohibited substances.
Therefore the NADO Flanders Disciplinary Council decides on 13 March 2020 to uphold the First Instance Decision of 28 January 2020 to impose a 4 year period of ineligibility on the Athlete. However the Disciplinary Council decided to annul the imposed fine.
Fees and expenses for this Commission shall be borne by the Athlete