World Athletics v Norbert Kobielski


World Athletics v Norbert Kobielski

A decision in the case of World Athletics (WA) against Norbert Kobielski has been issued by the World Athletics Disciplinary and Appeals Tribunal (DAT).

On 26 May 2024, during the “Opolski Festiwal Skokow” in Opole, Poland, Mr Kobielski, a Polish high-jumper, provided an In-Competition urine Sample that resulted in an Adverse Analytical Finding (AAF) of Pentedrone norephedrine, a metabolite of Pentedrone, which is included on the World Anti-Doping Agency’s 2024 Prohibited List, under category 6.B: Specified Stimulants. Pentedrone is a Specified Substance, prohibited In-Competition.

On 28 August 2024, the AIU issued Mr Kobielski with a Notice of Charge.

The Panel, which comprised of Mr Christopher Quinlan KC (Chair), Mr Julien Berenger, and Ms Harveen Thauli, was appointed to determine this matter.

The Athlete denied the Anti-Doping Rule Violations (ADRVs), arguing that the substance detected in the Sample, Pentedrone norephedrine, does not exist and that what was detected was 1-phenyl-1-hydroxy-2-aminopentane. This substance is structurally similar to norephedrine, however, in the absence of the detection of the patent compound (Pentedrone), there was reasonable doubt as to what substance was detected in his urine Sample. The Athlete alleged that the presence of 1-phenyl-1-hydroxy-2-aminopentane may have been related to his ingestion of any N-alkyl derivate of this substance, which is not prohibited, and due to this, the result of the analysis should not have been qualified as an AAF.

The Athlete further stated that he has never consciously (intentionally) used any prohibited substance (including the one detected in his body). Consequently, the Athlete argued that the sanction should be no more than the period of Provisional Suspension already served.

The AIU stated that Pentedrone norephedrine metabolite was present in both the Athlete’s A and B Samples for which the Laboratory issued an AAF. The AIU further argued that the

Athlete did not hold a valid Therapeutic Use Exemption to justify the presence of Pentedrone norephedrine metabolite in the Sample.

The AIU therefore invited the Tribunal to reject the Athlete’s arguments as it submitted that the AAF was sufficient proof of the commission of an ADRV contrary to Rule 2.1 of the World Athletics Anti-Doping Rules (ADR).

The DAT rejected the Athlete’s assertion that the substance was something other than Pentedrone and was satisfied that the A and B Samples established that Pentedrone norephedrine was the Prohibited Substance detected. The DAT thereby determined that an ADRV had been established pursuant to Rule 2.1 ADR.

As to the Athlete’s level of Fault in committing the ADRVs, the DAT was convinced that the Athlete did not commit the ADRV intentionally. Therefore, a period of Ineligibility of two years was imposed. The period of Ineligibility commenced on the date of the DAT’s decision, 13 May 2025, but credit was given for the period Mr Kobielski was provisionally suspended, therefore running from 23 July 2024.

Sport Resolutions is the independent secretariat to the World Athletics Disciplinary and Appeals Tribunal.

A copy of the full decision can be accessed via the related links tab on the right-hand side.

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