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2006 Motorcycle Sports / Motocyclisme Doping Upheld English Appeal Procedure

Parties & Representatives

Appellant Representative: Ian Fullagar
Respondent: Andrew Ledingham

Arbitrators

President: Tricia Kavanagh

Decision Information

Decision Date: April 20, 2006

Case Summary

The case centers on an appeal by Motorcycling Australia (MA) regarding the doping violation of rider Andrew Ledingham, who tested positive for amphetamine and methamphetamine, prohibited substances under MA's Anti-Doping Policy. Initially, MA's Judicial Committee reduced Ledingham's suspension from two years to one, accepting his claim that he ingested the substances unknowingly through a tablet he believed to be "No-Doz," a sleep-retardant given to him by a friend. Ledingham argued he bore no significant fault or negligence, as he trusted his friend's assurance and did not verify the tablet's contents. However, expert evidence later contradicted his claim, showing the substances could not have been present in "No-Doz" or other medications he mentioned.

The Court of Arbitration for Sport (CAS) reviewed the case, confirming the presence of prohibited substances in Ledingham's sample constituted a violation. The CAS scrutinized whether the Judicial Committee correctly applied the "No Significant Fault or Negligence" standard, concluding that Ledingham failed to demonstrate he exercised the "utmost caution" required. The panel emphasized that athletes must take rigorous steps to avoid ingesting prohibited substances, and Ledingham's reliance on his friend's word without verification fell short of this standard. The CAS found the Judicial Committee's decision flawed due to insufficient scrutiny of Ledingham's claims and lack of corroborating evidence.

Ultimately, the CAS upheld MA's appeal, overturning the reduced suspension and reinstating the original two-year ban, effective from 25 September 2005 to 24 September 2007. The ruling reinforced the strict liability principle in anti-doping regulations, underscoring athletes' responsibility for any prohibited substances in their system unless they can conclusively prove lack of significant fault or negligence. The decision clarified that mere assertions without supporting evidence are insufficient to justify reduced sanctions. No financial penalties or legal fees were imposed beyond the competition ban. The case serves as a reminder of the high standards athletes must meet to avoid doping violations and the rigorous enforcement of anti-doping rules.

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