CAS 2023/A/9377 Kristian Jensen v. World Rugby
In December 2021 World Rugby reported an anti-doping rule violation against the Australian rugby player Kristian Jensen after his A and B samples tested positive for the prohibited substance LGD-4033 (Ligandrol).
Consequently the World Rugby Judicial Committee decided on 20 December 2022 to impose a 4 year period of ineligibility on the Athlete. The Panel did not accept the Athlete's explanation that contamination had caused the positive test result.
Hereafter in January 2023 the Athlete appealed the Decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Appealed Decision and to impose a reduced sanction.
The Athlete accepted the test results and denied the intentional use of the substance. Supported by witness statements and scientific evidence he asserted that there are sufficient grounds for a reduced sanction.
The Athlete explained that a blender which he regularly shared with his housemate at the time was contaminated, because the housemate had admitted using a Selective Androgen Receptor Modulator (SARM) - called RAD-140 - which he believed may have been contaminated with other SARMs such as Ligandrol.
World Rugby contended that the Athlete failed to demonstrate that the violation was not intentional. It rejected his blender contamination theory whereas four other contamination scenarios have not been properly investigated.
The Panel assessed and addressed the evidence and the issues raised by the Parties and determines that:
- The presence of a prohibited substance has been established in the Athlete's samples.
- He committed an anti-doping rule violation and had accepted the test results.
- The Athlete's scientific evidence failed to establish, on a balance of probabilities, the source of the Ligandrol.
- He did not demonstrate successfully the source of the prohibited substance.
- There are no grounds for a reduced sanction based on no fault or negligence or no significant fault or negligence.
- There are no grounds for a proportional reduced sanction, neither for backdating the commencement of the ineligibility period.
Therefore the Court of Arbitration for Sport decides on 4 December 2022 that:
1) The appeal filed by Mr. Kristian Jensen against the decision rendered by the World Rugby Independent Judicial Committee on 20 December 2022 is dismissed.
2) The decision rendered by the World Rugby Independent Judicial Committee on 20 December 2022 is confirmed.
3) (…).
4) (…).
5) All other motions or prayers for relief are dismissed.
