SAIDS 2011_34 SAIDS vs Anthony Gondongwana

14 Dec 2011

The South African Institute for Drug-Free Sport (SAIDS) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance prednisone.
After notification a provisional suspension was ordered and the Athlete was heard for the Disciplinary Committee.

The Athlete stated he had used prednisone tablets from his girlfriend to assist pain relief for his physical injury.
The Committee concludes that there was no intention to enhance performance or mask usage. In addition the affidavit by Athlete’s girlfriend confirming his version of events.
Therefore the SAIDS Disciplinary Committee decides to impose a 3 month period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. 25 October 2011 to 23 January 2012.

IRB 2004 IRB vs Younes Ho

22 Dec 2004

Facts
The International Rugby Board (IRB) charges Younes Ho for the violation of the Anti-Doping Rules. when an urine sample provided in the course of a doping control test taken at the Rugby World Cup 2005 Sevens qualifying tournament in Tunis, Tunisia, on 25
September 2004, was found to have contained a Prohibited Substance, 11-nor-delta 9-tetrahydrocannabinol-9-carboxylic acid (Cannabinoids) at a concentration of higher than 15ng/ml.

History
Prior to taking the test which gave rise to the positive finding, the Player had not been drug tested, although he had previously signed forms consenting to anti-doping procedures. He understood that
cannabis was a banned substance in rugby union. At a time of celebration, he forgot his responsibilities. He never thought that his recreational use of cannabis would have any effect on his sporting performance. The Player was not intendeding to enhance sport performance.

Decision
The Judicial Committee has determined that the Player will be ineligible for participation in rugby for a period of three months, commencing on 25 October 2004 and concluding on 24 January 2005.

IRB 2004 IRB vs Gary James Hewitt

22 Dec 2004

Facts
The International Rugby Board (IRB) alleges Gary James Hewitt (the player) for a violation of the Anti-Doping Rules. On 25 September 2004 following the semi-final of the Top 10 cup competition of the Confederation Africaine de Rugby (“CAR”) between Namibia and Zimbabwe in Windhoek, the Player provided a urine sample as part of the doping control procedures for the match. After analysis, the sample was found to contain salbutamol in a concentration exceeding 100ng/ml.

History
Gary Hewitt (the “Player”), a member of the Zimbabwe national men’s rugby team, suffers from “severe” asthma, the effects of which are relieved by regular salbutamol (ventolin) inhalations.

Decision
A three month period of ineligibility commencing on 15 November 2004 (when the provisional suspension took effect) and continuing until and including 14 February 2005. The Player should also be aware that there would likely be severe consequences for him in the event of any further anti-doping rule violation.

SAIDS 2011_01 SAIDS vs Ian Furman

1 Feb 2011

The South African Institute for Drug-Free Sport (SAIDS) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance methylhexaneamine.
After the notification a provisional suspension was ordered. The Athlete filed a statement in his defence and was heard for the Disciplinary Committee.

The Athlete stated he was provided with a supplement by his training partner that contained the prohibited substance unknown to all concerned and he had no intention to enhance his performance.
The Committee accepts the Athlete’s statement and finds that the evidence has established the criteria that will qualify for the elimination or reduction of the period of ineligibility for specified substance under specified circumstances.
Therefore the SAIDS Disciplinary Committee decides to impose a 7 week period of ineligibility starting on the date of the provisional suspension, i.e. 15 December 2010 to 1 February 2011.

IRB 2004 IRB vs Robert Dedig

8 Dec 2004

Facts
The International Rugby Board (IRB) alleges Robert Dedig (the player) for a violation of the Anti-Doping Rules. On 26 September 2004 following the semi-final of the Top 10 cup competition of the Confederation Africaine de Rugby (“CAR”) between Namibia and Zimbabwe in Windhoek, the Player provided a urine sample as part of the doping control procedures for the match. After analysis, the sample was found to contain salbutomol in a concentration exceeding 100ng/ml.

History
The player suffers from seasonal asthma and exercise induced bronchospasm, the effects of which are relieved by regular salbutamol inhalations. The Player wrote to the Board on 10 November admitting his use of salbutomol as prescribed by Dr. B.P. Viljoen for asthma and allergic symptoms, and waiving his right to have the B sample tested. He requested an expedited hearing before a Board Judicial Committee to deal with his case.

Decision
It is not required that the player serves any additional period of suspension and that they will be adequately served by reprimanding the Player, but emphasising to him that he has been found guilty of an antidoping violation which will be a matter of formal record, and warning him of the severe consequences for him of any further anti-doping rule violation.

SAIDS 2011_09 SAIDS vs Robbie Frylinck

28 Mar 2011

The South African Institute for Drug-Free Sport (SAIDS) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance sibutramine. After notification the Athlete was heard for the Disciplinary Committee.

The Athlete pleaded guilty to taking the substance but stated he had requested clearance from the medical team before taking it and this was given.
The Committee finds that the Athlete provided sufficient corroborating evidence to demonstrate the absence of an intent of enhance his performance or mask the use of a performance enhancing substance.
Considering the evidence the SAIDS Disciplinary Committee decides to give the Athlete a reprimand.

SAIDS 2012_03 SAIDS vs Frikkie Veldman

10 May 2012

Facts
The South African Institute for Drug-Free Sport (SAIDS) charges Frikkie Veldman (the athlete) for a violation of the Anti-Doping rules.
On 22 October 2011 he provided an urine sample during an in-competition test. The sample contained a prohibited substance, namely a metabolite of the Anabolic Agent Drostanolone. The B sample was also tested on request of the Athlete and produced the same result.

History
There is no substance in the submission advanced on behalf of the Athlete and not a single fact to prove, apart from mere speculation, the possibility that he may have taken a contaminated supplement.

Decision
1. An anti-doping rule violation in terms of Article 2.1 of the said Rules has been established.
2. The Athlete shall be subjected to a period of ineligibility of two (2) years from all sport calculated from 16 November 2011 up to and including 15 November 2013.

SAIDS 2010_04 SAIDS vs Lwandile Zinto

29 Jul 2010

Facts
The South African Institute for Drug-Free Sport (SAIDS) charges Lwandile Zino (the athlete) for a violation of the Anti-Doping Rules. The presence of a prohibited substance was detected in the Athlete’s sample. substance identified was cannabinoids metabolites, in a concentration of 66ng/ml (nanograms/millilitre), which is significantly above the permitted threshold of 15ng/ml.

History
The Athlete accepted the evidence relating to the presence and concentration level of the prohibited substance, but pleaded not guilty as it was argued that the presence of the prohibited substance cannabinoids was due to the inhalation of second hand smoke. The Athlete explained the circumstances relating to his living arrangements with his siblings who are chronic marijuana users that resulted in the inhalation of second hand smoke. The Athlete stated that he is a non-drinker and a non-smoker due to his profession. There was no intention to enhance his sport performance due to the incidental nature of the transgression.

Considerations panel
The concentration of cannabinoids metabolites in the sample is too high for being the result of passive smoking.

Decision
A) Imposition of a period of ineligibility of twelve (12) months of which six (6) months are suspended. The Panel concurred that the period of ineligibility be credited against the period for which he had been provisionally suspended. Accordingly, the Athlete would be prohibited from competing as a boxer until Saturday 25th September 2010;
B) Furthermore, that during the six (6) month suspended period (26th September 2010 until 25th March 2011) the boxer will be subject to a series of voluntary urine test at the behest of SAIDS;
C) Should the Athlete test positive again for any prohibited substance during the period 26th September 2010 until 25th March 2011 the maximum sentence of two years will automatically come into effect and the Athlete would have to be formally enrolled into a drug rehabilitation program.

CAS 2013_A_3279 Victor Troicki vs ITF

5 Nov 2013

CAS 2013/A/3279 Viktor Troicki v. International Tennis Federation (ITF)

  • Tennis
  • Doping (failure to provide a blood sample)
  • Anti-doping violation according to Art. 2.3 of the 2013 Tennis Anti-Doping Programme
  • Compelling justification to be determined objectively
  • Mitigation of the sanction in application of Art. 10.5.2 of the Programme

1. An athlete fails to provide a sample if he/she does not provide a blood sample collection after being notified by the chaperone that he/she has been randomly selected to provide one. As a result, unless he/she can prove, by a balance of probability, that he/she had a compelling justification to forego the test, he/she must be deemed to have committed a doping offense within the meaning of Art. 2.3.

2. Whether the athlete has compelling justification for failing to provide a blood sample needs to be determined objectively. The question is not whether the athlete was acting in good faith, but, whether objectively, he was justified by compelling reasons to forego the test.

3. Article 10.5.2 of the Programme permits a reduction of the period of ineligibility but sets as the minimum allowable period of ineligibility, in cases of no significant fault, to be one half of the period otherwise applicable. On the one hand, absent circumstances evidencing a high degree of fault bordering on serious indifference, recklessness, or extreme carelessness, a 24-months sanction would be at the upper end of the range of sanctions to be imposed. On the other hand, a sanction of 12 months should only be imposed where there is a very low degree of significant fault on the part of the athlete.


On 25 July 2013 the ITF Independent Anti-Doping Tribunal decided to impose an 18 month period of ineligibility on the Serbian tennis player Victor Troicki for his refusal to provide a blood sample in April 2013.

Hereafter in August 2013 the Athlete appealed the ITF decision with the Court of Arbitration for Sport (CAS).

The Athlete denied he committed an anti-doping rule violation, nor that he acted intentionally. He asserted that he had a compelling justification for his conduct.

Because the Athlete did not provide a blood sample collection after being notified by the chaperone that he had been randomly selected to provide one, the Panel finds that the Athlete failed to provide a sample.

The Panel established that the Athlete was informed by the assistant DCO that he could face sanctions if he did not take the test and was told by her that it was not the DCO’s decision as to whether there would be consequences if he failed to provide a blood sample.

Objectively therefore, in the circumstances, the Athlete did not have a compelling justification to forego the test and his subjective interpretation of the events which led to the misunderstanding cannot amount to a compelling justification.

Having regard to the circumstances of this case, the Panel concludes that the 18-month sanction imposed by the Tribunal was too severe. Considering the Athlete's degree of fault and, both the mitigating and aggravating factors, the Panel concludes that a just and proportionate sanction would be a period of Ineligibility of l2 months.

Therefore the Court of Arbitration for Sport decides on 5 November 2013 that:

1. The appeal filed by Mr Viktor Troicki on 6 August 2013 against the International Tennis Federation concerning the decision of the Independent Anti-Doping Tribunal convened by the ITF of 25 July 2013 is partially upheld.

2. The decision of the Independent Anti-Doping Tribunal convened by the ITF dated 25 July 2013 is set aside.

3. Mr Viktor Troicki is suspended for a period of 12 months from 15 July 2013.

4. Mr Viktor Troickis’s individual results obtained at the Monte Carlo Masters 2013 in April 2013 are disqualified. The prize money and ranking points obtained by Mr Viktor Troicki through his participation in that event are forfeited.

5. Mr Viktor Troicki’s prize money and ranking points obtained from his participation in all subsequent competitions in which he has participated until 15 July 2013 are not disqualified.

6. (…).

7. (…).

8. All other or further claims are dismissed.

ITF 2013 ITF vs Victor Troicki

25 Jul 2013

Facts
The International Tennis Federation (ITF) charges Victor Troicki (the player) for a violation of the ITF 2013 Anti-Doping Program. The player refused or failed without compelling justification to submit to the collection of a blood sample after notification of testing given to him following his match at the ATP World Tour Masters tournament held in Monte Carlo (“the Monte Carlo Masters”) on 15 April 2013.

History
There was clear and convincing evidence that the player has suffered since childhood from a phobia of needles (a condition that he had inherited from his father). In consequence, the giving of blood is something that he faces with trepidation and that induces feelings of panic. He gave evidence that he fainted while giving blood seven years ago and that he feels unwell for the rest of the day after he has given a blood sample. The statement from Professor Djukic records that the player reported dizziness with vertigo, nausea and chest pain following the taking of blood samples from him in 2007.

Decision
a. The commission of the Anti-Doping Rule Violation is confirmed
b. The players individual result must be disqualified in respect of the Monte Carlo Masters 2013, and in consequence rules that the 45 ATP ranking points and €9,305 in prize money obtained by him from his participation in that event must be forfeited;
c. The player must be permitted to retain the prize money and ranking points obtained by him from his participation in all subsequent competitions in which he has participated;
d. The player has established that the circumstances of his Anti-Doping Rule Violation bring him within the provisions of Article 10.5.2 of the Program;
e. Declares Mr Troicki ineligible for a period of 18 months, commencing on 15 July 2013, from participating in any capacity in (i) any Covered Event; (ii) any other Event or Competition or activity (other than authorized anti-doping education or rehabilitation programs) authorized, organised or sanctioned by the ITF, the ATP, any National Association or member of a National Association, or any Signatory, Signatory’s member organisation, or club or member organization of that Signatory’s member organisation; or (iii) any Event or Competition authorised or organised by any professional league or any international or national-level Event or Competition organization.

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