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2010 Doping Dismissed English Appeal Procedure

Parties & Representatives

Appellant: Doping Control Centre, Universiti Sains Malaysia
Appellant Representative: Mark Gay
Respondent Representative: Richard R. Young

Arbitrators

President: Michael Beloff

Decision Information

Decision Date: June 15, 2011

Case Summary

The case involves an appeal by the Doping Control Centre at Universiti Sains Malaysia against the World Anti-Doping Agency (WADA) regarding the revocation of the Centre’s accreditation. The revocation, dated June 17, 2010, was based on breaches of the International Standard for Laboratories (ISL). The Centre, the only WADA-accredited facility in Southeast Asia at the time, challenged the decision before the Court of Arbitration for Sport (CAS). The CAS panel, comprising Michael Beloff QC, Prof. Richard McLaren, and Romano Subiotto QC, issued its award on June 15, 2011. The panel clarified that CAS has the authority to review both facts and law relevant to the appeal, ensuring fairness and efficient dispute resolution. It emphasized the importance of natural justice, including the right to a fair hearing and impartial decision-making. The panel noted that revocation of accreditation requires a qualitative assessment, not just a quantitative one, to ensure the reliability and accuracy of testing. The Centre’s argument that it was unaware of key WADA technical documents due to administrative issues was dismissed, as ignorance aggravates rather than excuses non-compliance.

The case arose from the Centre’s failure to implement WADA’s Technical Document TD2004NA, which established guidelines for reporting norandrosterone findings. The Centre’s non-compliance with these standards formed the basis for WADA’s revocation decision. The panel also rejected the Centre’s claim that its errors caused no harm, stating that disciplinary actions focus on the degree of fault, not consequences. The credibility of the anti-doping system depends on strict adherence to international standards and procedures, as doubts about one laboratory could jeopardize the entire system. The Centre’s failures included incorrect reporting of samples, improper handling of analytical data, and systemic issues like inadequate training and poor management. Specific violations included the use of contaminated urine for calibration standards, failure to conduct stability tests, and improper adjustments to reporting thresholds. The Centre’s defense that deviations were minor or scientifically valid was dismissed, as SOPs exist to ensure consistency and reliability.

The Panel highlighted the Centre’s repeated violations, lack of accountability, and inability to learn from past mistakes, justifying the revocation of its accreditation. The case underscored the importance of strict compliance with protocols and the consequences of failing to maintain rigorous standards in anti-doping laboratories. The Panel concluded that the Centre’s lapses compromised the reliability of its findings, reinforcing WADA’s position that appropriate standards were not respected. The CAS panel upheld WADA’s decision, dismissing the Centre’s appeal and rejecting all further relief requests. The ruling emphasizes the necessity for laboratories to strictly follow WADA’s technical and procedural requirements to maintain the integrity of the global anti-doping system. The decision highlights the importance of accountability, transparency, and adherence to established standards in ensuring fair and reliable doping control practices.

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