In August 2018 the National Anti-Doping Commission of Malta (ADC) has reported an anti-doping rule violation against the boxer Josiah Vella after his sample tested positive for the prohibited substance Clenbuterol. After notification the Athlete failed to attend the hearing of the National Anti-Doping Disciplianry Panel nor did he file a statement in his defence. The imposed provisional suspension was lifted by the Malta Boxing Association as contested by the Athlete.

The Panel finds that the positive test result of the Athlete’s sample establish the presence of a prohibited substance and accordingly that the Athlete committed an anti-doping rule violation.
Therefore the National Anti-Doping Disciplinary Panel decides on 17 October 2018 to impose a 4 year period of ineligibility on the Athlete starting on the date of the decision.

In July 2017 the National Anti-Doping Commission of Malta (ADC) has reported an anti-doping rule violation against the triathlon Athlete Keith Galea after his A and B samples tested positive for the prohibited substances Stanozolol and Human chorionic gonadotrophin (hCG). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and was heard for the National Anti-Doping Disciplinary Panel.

The Athlete accepted the test results and explained with evidence that he went through a stressful period before the doping test primarily because he was very focused to improve his performances and to repeat and improve his success during the last year. Because he was not satisfied about his performances and his coach he trained with a new coach who provided him syringes and tablets. Here he failed to conduct any research into these products before using nor mentioned any of his products on the Doping Control Form.

The Athlete argued that he bears No Significant Fault or Negligence in this case on the basis that he during that period was in a state of agitation, confusion and mental weakness that made him vulnerable to be monopolised by his coach in such a way that he could not question or suspect of any of the substances that he was being given by his coach.

The Panel accepts that the Athlete was passing through a difficult period but is not convinced that such circumstances were grave enough to impede him to be aware of the possible threats that the substances he was ingesting were possibly prohibited. In this respect the Panel finds that the Athlete did not take any basic precautions, by consulting a doctor or simply by searching the names and details found on the labels of the substances and thus he has departed from his duty of care. When taking into consideration all the facts of the case the Panel believes that the Athlete has departed from the duty of care required from athletes and there is no sufficient justification to justify his negligence.

Therefore the National Anti-Doping Disciplinary Panel decides on 7 March 2018 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 14 July 2017.

Related case:

NADAP 2020 Alwyn Cassar vs ADC - Appeal
February 8, 2021

In Mei 2019 the National Anti-Doping Commission (ADC) has reported an anti-doping rule violation against the powerlifter Alwyn Cassar after he tested positive for the prohibited substance Testosterone.

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Disciplinary Panel.

The Athlete accepted the test result and denied the intentional use of the substance. He explained with evidence that the Testosterone was used as prescribed medication by his doctor. Previously the Athlete made an application for a retroactive TUE which was denied in June 2019 and again in October 2019 following his appeal.

The Panel finds that the presence of the prohibited substance had been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. Considering the Athlete's request the Panel concludes that there are no grounds not to disclose the Athlete's identity.

The Disciplinairy Panel accepts that the prescribed Testosterone was used for a legitimate medical treatment because of the Athlete's condition. However the Panel deems that the Athlete and his doctor failed in their responsibility to apply in advance for a TUE.

Therefore the National Anti-Doping Disciplinary Panel decides on 24 November 2020 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 5 June 2019.

In March 2019 the National Anti-Doping Commission (ADC) has reported an anti-doping rule violation against the powerlifter Ayrton Agius Difesa after he tested positive for the prohibited substance Clenbuterol. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Disciplinary Panel.

The Athlete admitted the violation and denied the intentional use of the substance. He stated that he had used pills provided by a friend when he was suffering from breathing problems. He could not provide further details about these pills and acknowledged that he consulted no doctor or pharmacist.

The Panel holds that the Athlete on the Doping Control Form only mentioned medication unrelated to the prohibited substance, he failed to establish that the violation was not intentional and deems that he acted with signicant risk.

Therefore the National Anti-Doping Disciplinary Panel decides on 10 July 2019 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. 23 March 2019.

In March 2019 the National Anti-Doping Commission (ADC) has reported an anti-doping rule violation against the football player Jason Mifsud after he tested positive for the prohibited substance Cocaine. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Disciplinary Panel.

The Athlete stated that the use of Cocaine was recreational out-of-competition in a context not related to sport performance. He disputed the notification in English to inform him about the test result and testing his B-sample because he didn’t understand English. He argued that this deprives him from the possibility of contesting any such information and he claimed that the costs of the B-sample testing was too expensive to prove his innocence.

The Panel holds that the Athlete’s lack of attention to a communication received from the ADC cannot be justified since he discarded the notification letter for months while it was send subsequent to the Doping Control and thus he could well have been presumed that any communication from the ADC would have been related to such testing. Nevertheless the Panel believes that any communication sent to the Athlete should have been provided first in the Maltese language and then if the English language when needed.

Considering the evidence in this case the Panel deems that the Athlete failed to contest the positive test, failed to establish how the substance entered his system nor that he bears No Fault or Negligence.

Therefore the National Anti-Doping Disciplinary Panel decides on 30 July 2019 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 23 March 2019.

In February 2019 the National Anti-Doping Commission (ADC) has reported an anti-doping rule violation against the Athlete Kurt Butters after his sample tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Disciplinary Panel.

The Athlete admitted the violation and expressed his apologies for his action. The Panel considers that there was no evidence in this case that the violation was intentional.
Therefore the National Anti-Doping Disciplinary Panel decides on 22 May 2019 to impose a 1 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. 30 January 2019.

In May 2019 the National Anti-Doping Commission (ADC) has reported an anti-doping rule violation against the weightlifter Vitaly Molotkoff after his sample tested positive for the prohibited substance Meldonium.

After notification the Athlete did not accept the provisional suspension and he filed a statement in his defence. Hereafter he failed to respond to the communications nor did he attend the hearing of the National Anti-Doping Disciplinary Panel.

In his submission the Athlete admitted the violation and acknowledged that he was aware that his substance was prohibited. He stated that he had already had stopped using this product when he was tested.

The Panel finds that the Athlete had admitten the violation, that he failed to provide evidence that the violation was not intentional nor that he had applied for a TUE. Further the Panel considers that there were delays in the proceedings not attributed to the Athlete.

Therefore the National Anti-Doping Disciplinary Panel decides on 22 May 2019 to impose a 4 year period of ineligibility on the Athlete starting on 9 February 2019.

In November 2020 the National Anti-Doping Commission (ADC) has reported an anti-doping rule violation against the badminton player Aldo Polidano after his sample tested positive for the prohibited substance Indapamide.

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Disciplinary Panel.

The Athlete accepted the test result and denied the intentional use of the substance. He explained with evidence that for years he used prescribed medication to control his high blood pressure whereas this medication was mentioned on the Doping Control Form.

The Athlete asserted that he had less awareness of the anti-doping rules, neither that he had to apply for a TUE. He acknowledged that he failed to check his medication and he was unaware that his medication could contain a prohibited substance.

The Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. The Panel accepts that the violation was not intentional and concludes that the Athlete had acted negligently with his prescribed medication.

Therefore the Disciplinary Panel decides on 22 February 2021 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 19 January 2021.