Courtesy of FIM
On 12 April 2014, Mr James Stewart, Jr. underwent an anti-doping test
conducted by the FIM at the round of the Monster Energy AMA Supercross,
an FIM World Championship, held at the Century Link Field, Seattle,
Washington. The urine sample obtained from Mr Stewart revealed the
presence of a prohibited substance (amphetamine) listed in the category
S6. Stimulant under a) Non-specified Stimulants and prohibited in
competition under the FIM Anti- doping Code (CAD) in force.
June, in accordance with Article 7.6.1 CAD, the FIM provisionally
suspended Mr Stewart with effect from 20 June pending the CDI’s decision
adjudicating on the merits of the case. Since then, Mr Stewart has been
provisionally barred from participating in any competition. The case
was referred to CDI and Mr Anand Sashidharan of India was appointed by
the Director of the International Commission of Judges (CJI) as CDI
Single Judge to hear the case.
In consideration of Article 8.1.1
CAD and Article 3.3.2 of the FIM Disciplinary and Arbitration Code, Mr
Stewart was heard by the CDI during a Hearing at the Best Western Hotel
at Chavannes-de-Bogis, Switzerland, on 23 October 2014.
has now issued its decision. On the merits, the CDI found that it was
undisputable that Mr Stewart had committed an anti-doping rule violation
under Article 2.1 CAD which states in particular that “[i]t is each
Rider’s personal duty to ensure that no Prohibited substance enters his
or her body(...)”. The CDI further found that this was the first
anti-doping rule violation recognised against Mr Stewart.
into consideration all the evidence adduced, the CDI considered that, on
the balance of probabilities, Mr Stewart had established how the
prohibited substance had entered his body. Accordingly, the Judge was
able to apply Article 10.5.2 of the CAD. Considering all the
circumstances and having regard to Mr Stewart’s degree of fault and
negligence, the CDI Single Judge came to the conclusion that the
appropriate sanction to be imposed on Mr Stewart was a period of
ineligibility of 16 (sixteen) months. The CDI further ruled that the
period of ineligibility would commence on 12 April 2014 (date of the
collection of the sample). Consequently, the period of ineligibility
imposed on Mr. James Stewart will end on 11 August 2015 at midnight.
accordance with Article 10.8 of the CAD, the CDI ruled that Mr Stewart
is disqualified from all competitions in which he participated
(including the four rounds of the 2014 national Lucas Oil AMA Pro
Motocross Series) subsequent to the collection of the sample (12 April
2014) and all results he obtained in those competitions are cancelled
with all the resulting consequences including forfeiture of any medals,
points and prizes. The FIM will therefore modify the rankings of the
2014 Monster Energy AMA Supercross, an FIM World Championship,
An appeal against the decision of the CDI may be
lodged by the parties before the Court of Arbitration for Sport (CAS) in
Lausanne (Switzerland) within 21 days of the date of receipt of the CDI
decision pursuant to Article 13.6 of the 2014 FIM Anti-Doping Code.
full reasoned decision was notified to Mr Stewart on 12 December 2014
and will be published on the FIM website in due course.
Was this post helpful? Add yours to our service or subscribe to our feed above.