Related case:

NADDP 2019 ADC vs Alwyn Cassar
November 24, 2020

On 24 November 2020 the National Anti-Doping Disciplinary Panel decided to impose a 4 year period of ineligibility on the powerlifter after he tested positive for the prohibited substance Testosterone.

In first instance the Disciplinairy Panel accepted that the prescribed Testosterone was used for a legitimate medical treatment. However the Athlete and his doctor failed in their responsibility to apply in advance for a TUE. Also the Panel dismissed the Athlete's request not to disclose his identity.

Hereafter in December 2020 the Athlete appealed this Decision with the National Anti-Doping Appeal Panel. The appeal was settled by the Appeal Panel based on the written submissions of the Parties.

The Appeal Panel establishes that the Athlete has committed an anti-doping rule violation and that the imposed sanction was undisputed. However the Athlete requested again prohibition of disclosure of his personal details due to the sensitive nature of the case.

Following assessment of the Anti-Doping Regulations the Appeal Panel concludes that public disclosure of the anti-doping rule violation and the name of the Athlete is mandatory and not discretionary. Further the Panel deems that there are insufficient grounds to prohibit public disclosure of his identity.

Therefore the Appeal Panel decides on 8 February 2021 to dismiss the Athlete's Appeal and to uphold the Appealed Decision regarding public disclosure of the anti-doping rule violation and the name of the Athlete.

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 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 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 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 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 March 2019 NADO Italia has reported an anti-doping rule violation against the Maltese boxer Steve Martin after his sample tested positive for the prohibited substances Heptaminol and
Methylhexaneamine (dimethylpentylamine). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and was heard for the Italian National Anti-Doping Tribunal.

The Athlete admitted the violation and denied the intentional use of the substances. He explained that he had used a fatburner for weight loss needed to relief his injured meniscus.

The prosecutor finds that the violation was intentional due to the inconsistencies in the evidence and statements provided by the Athlete. He contended that the filed medical information was brief and produced after the Athlete was tested positive. The Athlete failed to apply for a TUE and the fat burner was already used by the Athlete before the alleged meniscus injury occurred.

The prosecutor further finds that the Athlete's weight loss made it possible for him to participate in the 67 kg weight category matches. Also he had admitted the use of the product 19 Anabol Testo to preserve mussle power during weight loss. Finally the prosecutor holds that the used fat burner could not explain the presence of the other prohibited substance Heptaminol found in his sample.

The Tribunal dismissed the Athlete’s explanation and finds that he failed to establish that the violation was not intentional. The Tribunal deems that the medical information was produced only afterwards in support of the Athlete’s defence and his use of the substances in question were not for the recovery of the alleged meniscus injury.

Therefore the National Anti-Doping Tribunal decides on 15 July 2019 to impose a 4 year period of ingeligibility on the Athlete starting on the date of the decision.

In January 2019 the Malta Football Association (MFA) has reported an anti-doping rule violation against the football player Gianluca Calabretta after his sample tested positive for the prohibited substance Cocaine. After notification a provisional suspension was ordered and the Athlete was heard for the MFA Control and Disciplinary Board.

The Athlete admitted the violation and explained that he had used the substance out-of-competition in a social event before the match in question.

The Board finds that the test result showed the presence of the prohibited substance and accordingly that the Athlete committed an anti-doping rule violation. The Board considers that the violation was not intentional without grounds for No Significant Fault or Negligence.

Therefore the MFA Control and Disciplinary Board decides on 29 April 2019 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 14 January 2019.