11 Oct 2018

An independent disciplinary tribunal, chaired by Jeffrey Benz, has slapped Botswana’s 400 metres runner, Lydia Jele, with a four year ban for violating an anti-doping rule.

Jele was provisionally suspended last year from athletics because her sample was found to contain banned substances.

A panel of three that included Benz, Christopher Quinlan and Dr Anik Sax concluded that the analysis of the sample showed the presence of a metabolite of metandienone, which is prohibited under S1.1.a of World Anti-Doping Agency (WADA) 2017 Prohibited List.

The panel said it was each athlete’s personal duty to ensure that no prohibited substance entered his/her body.

Furthermore, they said it was not necessary for the IAAF to demonstrate intent, fault, negligence, or knowing use by the athlete in order to establish that an anti-doping rule violation had occurred.

They said the athlete was strictly liable for the presence and use of any prohibited substances, adding that the athlete did not have a valid Therapeutic Use Exemption (TUE) to justify the presence of metandienone or its metabolites, and no departures from the International Standard for Testing and Investigations (ISTI) or International Standard for Laboratories (ISL) were identified.

“Therefore the panel finds, and the parties agree that the athlete has committed anti-doping rule violation under Article 2.1 Anti-Doping Rule (ADR),” reads the judgement.

The tribunal said as per ADR violation, the period of ineligibility shall be four years where ADR violation did not involve a specified substance unless the athlete or other person can establish that the ADR violation was not intentional.

In her affidavit, Jele stated that in September 2017, she had commenced her off-season which comprised of track and gym training.

She said she was training with her husband at the gym and she used his water bottle, when she had forgotten her own

She said her husband, who was working at the gym, only admitted that he had been taking a Dianabol after she had tested positive.

However, the panel said the principal basis for the athlete explanation of how the substance entered her system, was exclusively on the word of the athlete and her husband.

“Explanations in particular contamination and spiking scenarios or scenarios whereas here it is claimed her husband deliberately mixed solution with  prohibited substances - that are based  solely on the word of an accused and her entourage must be approached with caution,” said the judgement.

Botswana Athletics Association vice president, Kenneth Kikwe, confirmed that Jele had been banned for four years.

He said it was a drawback to Botswana athletics given that they had hope that she would take the reigns from Amantle Montsho.

“To be honest, if Lydia was there at the Commonwealth Games, we could have done far much better, her void was visible,” he said. 

He said they had expected that she would take part at the World Championships in Doha next year, looking at the times she was recording before she was provisionally suspended. 

According to Article 13.2.4 of the IAAF Anti-Doping Rules (“ADR”), the athlete, IAAF, Botswana National Olympic Committee in the absence of a National Anti-Doping Organization and WADA each has a right of appeal to the Court of Arbitration for Sport (“CAS”) within 30 days. Ends