Related cases:
- UKAD 2019 UKAD vs Mark Dry
October 8, 2019 - UKAD 2019 UKAD vs Mark Dry - Appeal
February 25, 2020 - UKAD 2021 Mark Dry vs UKAD - Appeal
August 2, 2021
On 25 February 2020 the Appeal Panel of the National Anti-Doping Tribunal decided to impose a 4 year period of ineligibility on the Athlete Mark Dry for Tampering. The Athlete had provided a false account to United Kingdom Anti-Doping (UKAD) as to why he was not at the address at the time after a missed test in October 2018.
The Appeal Panel concluded that the deliberate provision of false information was committed by the Athlete with the intention of evading the operation of the Rules and it disagreed with the conclusion of the Tribunal in First Instance.
Hereafter in December 2020 the Athlete requested UKAD for reconsideration of his sanction in light of the 2021 World-Anti-Doping Code.
The Athlete invoked the principle of lex mitior and the provisions in the UK ADR Article 10.3.1(b) regarding exceptional circumstances for the imposition of a reduced sanction. In addition the Athlete requested UKAD to start the sanction backdated to the date of the Doping Control, i.e on 15 October 2018.
UKAD considers that the Appeal Panel's comment, and the Athletics Integrity Unit's (AIU) agreement with that comment, constitute exceptional circumstances that trigger a discretion to reduce the Athlete's period of ineligibility to between 2 and 4 years, depending on his degree of Fault.
In view of the Athlete's conduct UKAD deems that the Athlete's Fault lies in the middel of the light degree of Fault, corresponding to a period of ineligibility of 28 months. Yet UKAD holds that there are no grounds to start the sanction backdated to the date of the Doping Control.
Therefore UKAD decides on 7 May 2021 to reduce the Athlete's period of ineligibility from 4 years to 28 months.
