A decision in the case of World Athletics (WA) against James Mwangi Wangari has been issued by the Disciplinary Tribunal.
On 16 January 2023, the AIU issued Mr Wangari, a Kenyan road runner, with a Notice of Charge for committing two Anti-Doping Rule Violations (ADVRs) for the Presence of Norandrosterone in the Sample provided In-Competition, on 6 November 2022 and the Use of a Prohibited Substance (Nandrolone). The Athlete had previously, on 23 September 2020, been found to have committed his first ADRV following an Adverse Analytical Finding for exogenous Testosterone and had received a four (4) year ban.
The Disciplinary Tribunal was comprised of Mr Raj Parker as Sole Arbitrator.
The Athlete argued that he had no choice but to accept the ADRV due to his limited financial means forcing him to waive his right to a B Sample analysis. Consequently, he argued that he bore No Fault of Negligence and that the Panel should, to that effect, consider the effective impossibility of the Athlete proving the source of Norandrosterone and conclude that the ADRV was not intentional and requested that only a four (4) year period of ineligibility be imposed.
The Tribunal stated that the controversy was not whether the Athlete committed the ADRV, but whether the Athlete had intentionally committed the ADRV or whether he had No Fault or Negligence or No Significant Fault or Negligence and whether the period of Ineligibility should be reduced. The Tribunal concluded that the Athlete was not able to show, on a balance of probabilities, that the ADRV was committed unintentionally. As a result of this, the Tribunal found that the period of Ineligibility should be for eight (8) years.
The Disciplinary Tribunal thereby determined that Anti-Doping Rule Violations (ADRV) had been established pursuant to Rule 2.1 and Rule 2.2 of the World Athletics Anti-Doping Rules and a period of Ineligibility of eight (8) years is imposed on the Athlete. The period of Ineligibility commenced on the date of the decision, 7 December 2023, but credit was given for the period Mr Wangari was provisionally suspended, therefore running from 21 December 2022. Further, Mr Wangari’s results obtained at the 2022 EDP Porto Marathon were disqualified in accordance with Rules 9 and 10.1 of the World Athletics Anti-Doping Rules.
Sport Resolutions is the independent secretariat to the World Athletics Disciplinary Tribunal.
A copy of the full decision can be accessed via the related links tab on the right-hand side.