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ASADA appeals XZTT case in Australian Federal Court

By:
Jane Aubrey
Published:
May 01, 2013, 7:03 BST,
Updated:
May 01, 2013, 8:04 BST
Edition:
Second Edition Cycling News, Wednesday, May 1, 2013
The riders' blood samples are taken

The riders' blood samples are taken

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Tribunal exposed failings in UCI notification system

A hearing began in the Australian Federal Court in Melbourne this morning into the appeal by the Anti-Doping Rule Violation Panel over the Administrative Appeals Tribunal of Australia’s decision regarding the unnamed cyclist who returned a positive test for low levels benzoylecgonine, the main metabolite of cocaine in China in 2010.

The rider can only be identified as XZTT and was riding for an Australian UCI Continental team when he supplied a urine sample following the Tour of Taihu on October 23, 2010. Cocaine and its metabolites are not prohibited by the UCI unless it has been used in-competition, however should either be present in an anti-doping sample, the rider and relevant authorities are notified.

The ADRVP which acts for Australian Sports Anti-Doping Authority (ASDADA) has challenged the AAT’s findings whereby the UCI was in "gross breach" of its own anti-doping regulations given the delays in notifying the rider of his test results. Meantime, "ASADA and the ADRVP each misconceived their respective legal obligations under the ASADA Act and the NAD Scheme, in so far as they proceeded on the basis that it was sufficient for the ADRVP to reach conclusions based on a 'possible' finding."

The ATT advised that "a conclusion adverse to XZTT must still be reached" and the ADRVP has been directed to record the presence of benzoylecgonine on the register.

 

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