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MFA 2018 Malta Football Association vs Danny Kabeya

29 Apr 2019

In January 2019 the Malta Football Association (MFA) has reported an anti-doping rule violation against the football player Danny Kabeya 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 accepted the test result and denied any use of the prohibited substance without providing any other other explanation.

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 Athlete failed to establish that the violation was not intentional or that the Cocaine possibly only was used socially.

Therefore the MFA Control and Disciplinary Board decides on 29 April 2019 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 14 January 2019.

MFA 2018 Malta Football Association vs Shamison Zammit

11 Feb 2019

In December 2018 the Malta Football Association (MFA) has reported an anti-doping rule violation against the football player Shamison Zammit after his sample tested positive for the prohibited substance Cannabis. After notification a provisional suspension was ordered and the Athlete was heard for the MFA Control and Disciplinary Board

The Athlete admitted the violation, denied the intentional use of the substance, accepted the test result and a provisional suspension.

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 accepts that the violation was not intentional and that there are grounds for No Significant Fault or Negligence.

Therefore the MFA Control and Disciplinary Board decides on 11 February 2019 to impose a 1 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 4 December 2018.

MFA 2016 Malta Football Association vs Ian Zammit

18 Apr 2017

In November 2016 the Malta Football Association (MFA) has reported an anti-doping rule violation against the football player Ian Zammit 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 asserted that there was a false positive test result caused by the medication he had used as treatment for his condition.

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 Athlete failed to produce any evidence in support of his assertation about a false positive and failed to establish that the violation was not intentional nor No Significant Fault or Negligence.

Therefore the MFA Control and Disciplinary Board decides on 18 April 2017 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 16 November 2016.

NADDP 2018 ADC vs Joseph Pace

9 Dec 2018

In September 2018 the National Anti-Doping Commission (ADC) has reported an anti-doping rule violation against the rower Joseph Pace after his sample tested positive for the prohibited substance Cannabis.

After notification the Athlete admitted the violation, denied the intentional use and accepted a provisional suspension. He explained that he had used Cannabis out-of-competition recreationally and that he wasn’t aware that the substance was prohibited.

The National Anti-Doping Disciplinary Panel accepts the Athlete’s explanantion and decides on 15 November 2018 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. 30 September 2018.

NADDP 2018 ADC vs Brandon Bartolo

9 Dec 2018

In March 2018 the National Anti-Doping Commission (ADC) has reported an anti-doping rule violation against the boxer Brandon Bartolo after his sample tested positive for the prohibited susbstance Methylhexaneamine (dimethylpentylamine).
After notification the Athlete filed a statement in his defence and he was heard for the National Anti-Doping Disciplinary Panel. The imposed provisional suspension was lifted by the Malta Boxing Association.

The Athlete accepted the test result and denied the intentional use of the substance. He claimed that a contaminated supplement he had used was the source of the positive test purchased in a well known sports shop in Malta. He acknowledged that he didn’t check his supplements for prohibited substances before using. The Athlete declined the opportunity to analyse his supplements in a WADA Accredited Laboratory because he was not in the financial position to pay for the costs of the test.

The Panel deems that analysis of the supplement in question in a WADA Accredited Laboratory is the best proof to establish contamination of this product. Since the Athlete declined to do this because of the costs the Panel settles this case based on the filed evidence and the Athlete’s testimony.

The Panel is willing to accept that the violation was not intentional but finds that there are no grounds for No Significant Fault or Negligence. Here the Panel considers that the Athlete didn’t check his supplements for prohibited substances before using because he simply relied on the sports shop reputation and guidance.
Further the Panel concludes that the Athlete failed to demonstrate how the prohibited substance entered his system nor showed with sufficient evidence that the positive test was the result of a contaminated product.

Therefore the National Anti-Doping Disciplinary Panel decides on 9 December 2018 to impose a 2 year period of ineligibility on the Athlete starting on the date of the first hearing, i.e. 26 October 2018.

NADDP 2018 ADC vs Frankie Borg

17 Oct 2018

In August 2018 the National Anti-Doping Commission (ADC) has reported an anti-doping rule violation against the boxer Frankie Borg after his sample tested positive for the prohibited substances Fluoxymesterone, Mesterolone, Prednisolone and Prednisone.

After notification the Athlete admitted the violation, accepted a provisional suspension and explained that he had used medication as treatment for his condition.

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 provisional suspension, i.e. 24 August 2018.

NADDP 2018 ADC vs Darko Mitrovic

17 Oct 2018

In March 2018 the National Anti-Doping Commission (ADC) has reported an anti-doping rule violation against the volleyball player Darko Mitrovic after his sample tested positive for the prohibited substances Cannabis and Methylenedioxymethamphetamine (MDMA).

After notification the Athlete admitted the violation, denied the intentional use, accepted a provisional suspension and attended the hearing of the National Anti-Doping Disciplinary Commission.

The National Anti-Doping Disciplinary Panel accepts that the violation was not intentional and decides on 17 October 2018 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. 20 March 2018.

NADAP 2018 Josiah Vella vs ADC - Appeal

1 Mar 2019

Related case:
NADDP 2018 ADC vs Josiah Vella
October 17, 2018

On 17 October 2018 the National Anti-Doping Disciplinary Panel decided to impose a 4 year period of ineligibility on the boxer Josiah Vella after his sample tested positive for the prohibited substance Clenbuterol. Here the Athlete failed to attend the hearing of the National Anti-Doping Disciplinary Panel nor did he file a statement in his defence.

Hereafter in November 2018 the Athlete appealed the First Instance decision of 17 October 2018 with the National Anti-Doping Appeal Panel.

The Athlete admitted the violation and denied the intentional use of the prohibited substance. He explained that he failed to attend the hearing in First Instance due to he had not received the hearing notification despite the Anti-Doping Commission contended that this notification had been duly submitted.

The Athlete asserted that a fat burner he had used was the source of the positive test. He had sought professional assistance for his training and diet and had used this fat burner recommended by his nutritionist in order to lose weight for his upcoming match. He argued that the imposed sanction was excessive since he was unaware that it contained a prohibited substance and therefore that the violation was not intentional. He acknowledged that he didn’t research this supplement before using. In support he produced an empty container of the supplement he had used prior to the Doping Control indicating on the container the presence of Clenbuterol in Bulgarian.

The Appeal Panel considered the Athlete’s degree of fault in this case and that there are grounds for a proportional reduction of the imposed sanction. The Panel regarded that the Athlete established how the substance entered his system, failed to mention the supplements he used on the Doping Control Form, had limited anti-doping education and no familiarity with the doping regime.

Therefore the National Anti-Doping Appeal Panel decides on 1 March 2019 to reform the First Instance Decision of 17 October 2018 and to impose a 3 year period of ineligibility on the Athlete starting on the date of the First Instance decision.

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