Thomas Curry (WRU) v UKAD (Appeal)

  • Sport: Rugby Union
  • Issue: Appeal Arbitration
  • Type: Anti-Doping
  • Tribunal:Rod Mckenzie
  • Decision date: 22 May 2018
  • Outcome: At first instance the Tribunal imposed a sanction of 4 year's period of Ineligibility. A subsequent Appeal was dismissed.

Summary

On 08 April 2017, Thomas Curry, a student registered with the WRU as a rugby union player, was subject to In-Competition testing following a National Championship match between Newcastle Emlyn RFC and Glynneath RFC. Analysis of Mr Curry’s urine sample returned an Adverse Analytical Finding for benzoylecgonine a metabolite of cocaine. Mr Curry was subsequently charged with the commission of an Anti-Doping Rule Violation (ADRV) for the Presence of a Prohibited Substance under UK Anti-Doping Rule (ADR) Article 2.1 and the matter referred to the NADP for determination.The NADP Tribunal consisting of Mr Christopher Quinlan QC (Chairman), Professor Peter Sever, and Ms Lorraine Johnson were not satisfied that Mr Curry had taken cocaine Out-of-Competition in a context unrelated to sports performance, and thus could not establish that the commission of the ADRV was not intentional. The Tribunal determined that the applicable period of Ineligibility to be imposed should be four years commencing on 28 April 2017.Mr Curry submitted an appeal on 30 October 2017, asserting four grounds of appeal under ADR Article 13.4.2 of the NADP Procedural Rules.The Arbitral Appeal Tribunal consisting of Mr Rod Mckenzie (Chair) found, that the First Instance Tribunal had not erred in its finding that Mr Curry had failed to establish that the ADRV was not intentional and as such, the appeal was dismissed.