Issue: Appeal Arbitration Type: Anti-Doping Tribunal: Christopher Quinlan KC, Moe Sbihi, Professor Dorian Haskard Decision date: 04/01/2025 Outcome: 4 years ineligibility
Another tough lesson for athletes! The National Anti-Doping Panel (NADP) recently ruled on the case of boxer Emir Ahmatovic, who was charged with Anti-Doping Rule Violations (ADRVs) after testing positive for metandienone.
The Backstory
Ahmatovic was initially notified of the potential violations in August 2023, following a sample collection in June 2023. He denied intentional doping, suggesting contaminated supplements and flaws in the sample collection process as possible explanations. The NADP Tribunal wasn’t convinced, finding that Ahmatovic failed to demonstrate how the prohibited substance entered his system.
What is Metandienone?
Metandienone is an anabolic steroid. Essentilly it is a synthetic version of testosterone, the main male sex hormone. It’s an old-school steroid, first developed in the 1950s, and is better known under the brand name Dianabol.
WADA Prohibited List
Metandienone is on the WADA Prohibited
- Category: S1. Anabolic Androgenic Steroids (AAS)
- Specifics Metandienone is explicitly named within the examples provided of substances prohibited
Why This Matters:
- Non-Specified Substance: This means that any detection of metandienone in an athlete’s sample is considered a serious violation. There’s no threshold or allowable level.
- Always Prohibited: This category applies both in and out of competition. Athletes are prohibited from using metandienone at any time.
- Strict Liability: As emphasized earlier, athletes are strictly liable for any prohibited substance found in their system, regardless of intent.
How is it Taken?
Metandienone is typically taken orally in pill form. Some older versions came in injectable forms, but pills are much more common today.
Why Would an Athlete Take It?
Despite the dangers, some athletes are tempted by metandienone’s potential to:
- Increase Muscle Mass and Strength: This is the biggest draw. Athletes want to get bigger and stronger faster.
- Improve Recovery: Steroids can help athletes recover more quickly from intense training, allowing them to train harder and more often.
- Enhance Aggression: Some athletes mistakenly believe that the increased aggression associated with steroids can improve performance.
The Appeal
Ahmatovic appealed, arguing that the ADRV was unintentional and that the sample collection was flawed. The National Anti-Doping Appeal Tribunal, led by Christopher Quinlan KC, re-examined the case.
The Ruling
The Appeal Tribunal sided with the original decision, determining that Ahmatovic did not meet the burden of proof to show the violation was unintentional. As a result, the four-year ban stands, running from August 9, 2023, to August 8, 2027. His fight result of June 9, 2023, was also disqualified.
Key Takeaways
- Burden of Proof: Athletes bear a heavy burden to prove unintentional violations. Speculation isn’t enough; concrete evidence is required.
- Strict Liability: This case underscores the principle of strict liability. Athletes are ultimately responsible for what’s in their system, regardless of intent.
- Sample Integrity: Challenges to sample collection procedures must be supported by compelling evidence.
Legal Tactics & Strategies
When facing an anti-doping charge, a robust legal strategy is essential. This may include:
- Early Consultation: Don’t wait! Seek legal advice immediately.
- Independent Testing: As mentioned above, getting supplements independently tested is crucial if contamination is suspected.
- Expert Evidence: In these cases, expert evidence can make or break a case. Consider consulting with scientists or other relevant professionals to support your defense.
- Challenging Procedures: If there were deviations from the ISTI standards, build a solid case with evidence.
- Focus on Intent: If unintentional use is the defense, build a clear narrative that demonstrates how the substance entered your system without your knowledge.
For the full, detailed decision, check out the link below.
https://www.sportresolutions.com/decisions/uk-anti-doping-v-emir-ahmatovic-first-instance-appeal