Related cases:
- KNSB 2016 KNSB Preliminary Decision Disciplinary Committee 2016012 TU1
December 20, 2016
- KNSB 2016 KNSB Decision Disciplinary Committee 2016012 T
April 21, 2017
- KNSB 2018 KNSB Decision Appeal Committee 2016012 B
May 25, 2018
In February 2016 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the Person after his A and B samples tested positive for the prohibited substance recombinant human erythropoietin (rhEPO).
The Person denied the use of prohibited substances and supported by an expert witness he disputed the validity of the test results. The Person asserted that there were irregularities in the laboratory procedures and complained that the laboratory file was incomplete. The Person invoked the principle of equality of arms because these matters were harmful for his defence and requested that an independent expert will review this case.
The Dutch Dopingautoriteit and the KNSB argued that no departure from the ISL occurred in this case and that the Person failed to produce evidence in support of his arguments.
In the first preliminary decision of 20 december 2016 the Disciplinary Committee granted the Person’s request to appoint an independent expert in order to investigate the case file and the suggested departure of the ISL in the accredited laboratory. Also the Disciplinary Committee ordered the Dopingautoriteit to provide additional information about the laboratory procedures and protocols for the independent expert. The Parties were assigned to nominate an independent expert for this matter.
Hereafter the Person proposed two experts as candidate to appoint as independent expert. In spite of the objections submitted by the Dopingautoriteit the Disciplinary Committee finds that the Dopingautoriteit has to provide additional information for the independent expert.
Therefore in this second preliminary decision the KNSB Disciplinary Committee decides on 16 February 2017:
- The appointment of the independent expert.
- To order the Dopingautoriteit to provide additional information about the laboratory procedures and protocols for the independent expert'.
- [...].
- To adjourn any further decison.
