Related cases:
- UKAD 2019 UKAD vs Mark Dry
October 8, 2019 - UKAD 2019 UKAD vs Mark Dry - Appeal
February 25, 2020 - UKAD 2020 UKAD vs Mark Dry - Revision
May 7, 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.
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.
Based on exceptional circumstances and the Athlete's light degree of Fault UKAD decided on 7 May 2021 to reduce the Athlete's period of ineligibility from 4 years to 28 months. Yet UKAD deemed that there were no grounds to start the sanction backdated to the date of the Doping Control.
Hereafter the Athlete appealed the UKAD decision of 7 May 2021 with the National Anti-Doping Appeal Panel. The Athlete argued that the imposed sanction was completely disproportionate, that there was a lack of fraudulent behaviour on the part of the Athlete, and the sanction should have been backdated to the date of the Doping Control.
Considering the submissions of the Parties the Appeal Panel finds that there is no reason to conclude that the Appealed Decision was erroneous in the imposition of a sanction of 28 months. Also the Appeal Panel deems that there are no grounds to start the sanction backdated to the date of the Doping Control.
Therefore on 2 August 2021 the National Anti-Doping Appeal Panel decides to dismiss the Athlete's appeal and to confirm in full UKAD's Decision of 7 May 2021.
