UKAD 2024 UKAD vs David Foggin-Johnston

In October 2023 United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation (ADRV) against the rugby player David Foggin-Johnston after his sample tested positive for the prohibited substance Cocaine.

Following notification, a provisional suspension was imposed. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Panel.

The Athlete admitted the violation and asserted that the Cocaine was used only recreational, out-of-competition and unrelated to sport performance. He acknowledged that he suffered from a cocaine habit and abuse of alcohol.

With friends he had consumed large amounts of alcohol and had used cocaine from the Thursday evening until the Friday evening. Although he admitted later that he continued drinking hereafter and had used more grams of cocaine then stated, he denied he had used cocaine on Saturday or on Sunday.

He stated that originally he was not scheduled to play on Sunday. Yet, when he was recovering in bed at home on Saturday he was called unexpectedly to play on Sunday where he was tested.

UKAD and its anti-doping expert deemed that the Athlete's use occurred in-competition because he also must have used cocaine on the Saturday. When he was tested the concentration found in his sample was 140 times above the threshold whereas the concentration of Benzoylecgonine in his sample was 79 time greater.

In view of the evidence the Panel concludes that the Athlete's use of cocaine was recreational and ultimately occurred in-competition when he started his binge session on the Thursday. The Panel does not accept that his first explanation of his consumption of cocaine and alcohol was inaccurate, neither that he failed to produce corroborating evidence in his defence.

Therefore the Panel decides on 1 August 2024 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 11 October 2023.

Original document

Parameters

Legal Source
National Decisions
Date
1 August 2024
Arbitrator
McLoughlin, Jennifer
Norris, William
Rogers, Tim
Original Source
UK Anti-Doping (UKAD)
Country
United Kingdom
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Burdens and standards of proof
Circumstantial evidence
No intention to enhance performance
Period of ineligibility
WADA Code, Guidelines, Protocols, Rules & Regulations
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
UK Anti-Doping (UKAD)
Laboratories
London, United Kingdom: Drug Control Centre
Doping classes
S6. Stimulants
Substances
Cocaine
Medical terms
Addiction / dependence
Document type
Pdf file
Date generated
28 August 2024
Date of last modification
12 September 2024
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