The Court of Arbitration for Sport (CAS) has issued its decision in theappeal filed by the American motocross and supercross rider James Stewart Jr. against theFédération Internationale de Motocyclisme (FIM). The rider’s 16-month suspension is confirmed.
In a decision issued by the FIM International Disciplinary Court (FIM IDC) on 12 December 2014,Mr Stewart Jr. was handed a 16-month suspension following a positive doping control for a bannedstimulant, and was disqualified from four races in the Lucas Motor Oil Series in which he hadparticipated while serving a provisional suspension from the FIM.
An arbitration procedure was conducted by a panel of CAS arbitrators: His Hon. James Robert ReidQC, UK (President), Mr Michele Bernasconi, Switzerland, and Prof. Ulrich Haas, Germany. Theparties presented their cases at a hearing held at the CAS Court Office on 30 March 2015.
James Stewart Jr. sought the annulment of the FIM IDC decision, or at least a reduction in the periodof ineligibility, as well as the reinstatement of the results obtained after the date of his positive test.He argued that his positive test was a ‘paperwork violation’ only as it stemmed from his failure toobtain a Therapeutic Use Exemption (TUE) certificate for medication he was taking and that he had not sought at any time to cheat or gain unfair advantage. The FIM, on the other hand, defended itsdecision and demonstrated Mr Stewart’s obligation to abide by the FIM Anti-Doping Code.
Having reviewed the evidence, the CAS Panel agreed with the FIM IDC’s finding that the rider hadcommitted an anti-doping rule infraction and confirmed its decision to impose a 16-month periodof ineligibility on the rider. Accordingly, Mr James Stewart Jr. is ineligible for a period of 16 monthsbeginning on 12 April 2014 and ending at midnight on 11 August 2015.
With respect to the four races in which Mr Stewart participated between 28 June and 19 July 2014,during his provisional suspension period, the CAS Panel modified the FIM IDC decision in statingthat the disqualification of Mr Stewart from such races of the Lucas Motor Oil Series would haveeffect only so far as the FIM has jurisdiction, or so far as other authorities recognise thedisqualifications. Accordingly, Mr Stewart’s request for the reinstatement of the results he obtainedafter the date of his positive test is referred back to the FIM for clarification.
20 Years at #1: Your best source of news about the Olympics is www.aroundtherings.com, for subscribers only
Últimas Noticias
Sinner-Alcaraz, the duel that came to succeed the three phenomenons
Table tennis: Brazil’s Bruna Costa Alexandre will be Olympic and Paralympic in Paris 2024
Rugby 7s: the best player of 2023 would only play the medal match in Paris
Rhonex Kipruto, owner of the world record for the 10000 meters on the road, was suspended for six years
Katie Ledecky spoke about doping Chinese swimmers: “It’s difficult to go to Paris knowing that we’re going to compete with some of these athletes”
