Related case:

ADAK 2021 ADAK vs Samuel Lomoi
January 6, 2023

On 6 January 2023 the Kenya Sports Disputes Tribunal ruled that the Athlete Samuel Lomoi had committed an anti-doping rule violation after he tested positive for the prohibited substance Triamcinolone acetonide.

Accordingly the Panel decided in first instance to impose a 4 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 12 September 2021.

Hereafter in June 2023 the Anti-Doping Agency of Kenya (ADAK) appealed the decision of the Tribunal with the Anti-Doping Appeal Panel. ADAK requested the Appeal Panel to modify the Appealed Decision regarding the commencement of the Athlete's period of ineligibility.

Following investigations ADAK had recently established that the Athlete during the provisional suspension and during the current sanction had participated in 3 competitions. ADAK contended that pending the findings of their investigations into the Athlete's conduct it had been unable to timely file and appeal within the set deadline of 21 days.

ADAK acknowledged that the appeal was filed 123 days after the Tribunal had rendered its decision. ADAK denied that the delay in filing the appeal was not due to carelessness, yet merely caused by the time to conduct a proper investigation into the Athlete.

The Athlete argued that ADAK under the Rules had failed to file an appeal timely within the set time period and accordingly its appeal must be deemed inadmissible.

The Appeal Panel considered ADAK's contentions and concludes that the appeal was filed too late without sufficient grounds for admitting an appeal out of time. By contrast the  Appeal Panel determines that when new evidence has surfaced a party is allowed to file an application for review.

Nevertheless the Appeal Panel decides on 28 November 2023 that ADAK's appeal is dismissed because it was filed too late.

In September 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Rwandan Athlete John Hakizimana after his sample tested positive for the prohibited substance Triamcinolone acetonide.

Following notification the Athlete denied the intentional use of the substance whereas he assumed that his supplements had caused the positive test. Ultimately he admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU. 

The AIU determines that the prohibited substance was not listed on the labels of the Athlete's supplements. Moreover he failed to provide additional information to the AIU, nor were these supplements analysed for the presence of Triamcinolone acetonide.

Further the AIU considers that there was no evidence that the violation was intentional. Because he had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form he received a 1 year reduction from the AIU.

Therefore the AIU decides on 28 November 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 27 October 2023.

Testing Role Descriptor / World Anti-Doping Agency (WADA). - Montreal : WADA, 2023

• GLDF | Global Learning and Development Framework - Role Descriptor - Testing

The role descriptor will support the anti-doping industry by clarifying the main characteristics of key anti-doping roles. It can be used to support the development of a job description when an Anti-Doping Organization (ADO) aims to recruit a Testing practitioner. ADOs should tailor this role descriptor to their specific needs and realities.

Testing Professional Standard / World Anti-Doping Agency (WADA). - Montreal : WADA, 2023

• Version 1.0
• GLDF | Global Learning and Development Framework - Testing

The professional standard aims to support the anti-doping industry by providing a benchmark of competence for a specific role. Anti-Doping Organizations (ADOs) can use the professional standard to support the evaluation of competence and importantly to support practitioner development by identifying professional development needs.

World Anti-Doping Agency 2022 annual report / World Anti-Doping Agency (WADA). - Montreal : WADA, 2023

CONTENTS

• Message from the President and Director General
• Our Team
• The Year in Numbers
• Lead
• Grow Impact
• Be Athlete Centered
• Collaborate and Unite
• Be Visible
• World Anti-Doping Program
• 2022 Financial Overview
• 2022 Financial Statements

In April 2023 the Anti-Doping Agency of Kenya (ADAK) reported and anti-doping rule violation against the Athlete John Kariuki Gikonyo after his sample tested positive for the prohibited substanceTrimetazidine.

Following notification the Athlete timely admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by ADAK.

ADAK deems that the Athlete's violation was intentional and determines that he shall receive a 1 year reduction for his timely admission of the anti-doping rule violation.

Therefore ADAK decides on 23 November 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 8 May 2023.

In September 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Esther Birundu Borura after her sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone).

Following notification the Athlete timely admitted the violation, waived her right for a hearing and accepted the sanction proposed by the AIU. She stated that she had purchased and injected the substance.

The AIU deems that the Athlete failed to demonstrate that the violation was not intentional. Because she had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form she received a 1 year reduction from the AIU.

Therefore the AIU decides on 23 November 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 6 September 2023.

Updates to documents relating to the narcotic tramadol that is on the 2024 Prohibited List / World Anti-Doping Agency (WADA). - Montreal : WADA, 2023

WADA has published the following updates related to the narcotic tramadol that has been added to the 2024 Prohibited List; and, will be prohibited in competition, effective 1 January 2024: 

1.) An update to the 2024 Summary of Major Modifications and Explanatory Notes, which relates to tramadol. 

2.) A Technical Letter dealing with the Minimum Reporting Level (MRL) for Tramadol

3.) Tramadol-related Factsheets

In January 2022 the South African Institute for Drugfree Sport (SAIDS) reported an anti-doping rule violation against the triathlon Athlete Annah Watkinson after her sample tested positive for the prohibited substance Mestanolone in a low concentration.

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the SAIDS Anti-Doping Tribunal.

SAIDS contended that the Athlete failed to prove with corroborating evidence that the violation was not intentional and how the subtance had entered her system.

The Athlete attempted to identify the source of the prohibited substance with testst, experts and legal representative. Also she attempted to demonstrate that the violation was not intentional and that she had not acted recklessly.

The Athlete presented three possible sources of the prohibited substance:

• Contamination or cross contamination of a peanut butter smoothie;
• The transfer of the prohibited substance to her by her boyfriend through kissing;
• The use of a steroid cream by someone who shared the swimming pool with her.

Regarding the possible sources the Panel assessed and adressed in detail the evidence raised by the Athlete. However, the Panel concludes that the hypothesis is not probable and the theories unlikely.

Furthermore the Panel did not accept that as an experienced athlete in the Doping Process she only had mentioned on the Doping Control Form the supplements she had use on the day of the test and not the preceeding 7 days.

Despite the Athlete tried to demonstrate with evidence that she not had been dishonest or reckless the Panel concludes that she failed to establish that the violation was not intentional.

Therefore the Panel decides on 21 November 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 11 January 2022.

On 8 March 2023 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 2 year period of ineligibility on the taekwondo Athlete Kashish Malik after he tested positive for the prohibited substance Furosemide.

Hereafter the Athlete appealed the ADDPI decision with the Anti-Doping Appeal Panel of India (ADDPI). The Athlete requested the Appeal Panel to set aside the Appealed Decision and for a reduced sanction.

The Athlete asserted that in first instance the ADDPI had not considered evidence demonstrating that she had a medical prescription as treatment for her diagnosed infection. By contrast the India National Anti-Doping Agency (INADA) contended that the Athlete had failed to apply for a TUE, nor mentioned her medication on the Doping Control Form.

The Appeal Panel determines that the Athlete, as an experienced professional, failed to produce evidence of purchase of her medication, including the prescribed medication Lasix. Further she failed to check her medication and neither informed her sports doctor about her condition and prescribed medication.

The Appeal Panel concludes that the Athlete had committed an anti-doping rule violation and deems that she failed to demonstrate that there are grounds for No Significant Fault or Negligence.

Therefore the ADDPI Panel decides on 21 November 2023 to uphold the Appealed Decision and the imposed 2 year period of ineligibility, starting on the date of the ADDPI Decision.