International Rugby Board (IRB) v. Australian Rugby Union (ARU), Luke Troy

Arbitration CAS 2008/A/1664 International Rugby Board (IRB) v. Luke Troy & Australian Rugby Union (ARU), award of 6 August 2009

Panel: Mr Malcolm Holmes QC (Australia), President; Mr Alan Sullivan QC (Australia); Mr David Williams QC (New Zealand)

Rugby Doping (attempt use of prohibited substance) Determination of the applicable sanction

An athlete having committed an anti-doping rule violation by engaging in conduct pursuant to which he sought to acquire “Prohibited Substances” over the internet, should be sanctioned with a two years suspension. The period during which time the athlete was provisionally suspended shall be deducted from the end date of the sanction imposed.

By a Partial Arbitral Award delivered by the Panel on 2 June 2009 the appeal of the Appellant against the decision of the ARU judicial committee of 12 March 2008 was in part allowed and the decision of the ARU judicial committee was set aside.

By its Award the Panel ruled that Mr Troy had committed an anti-doping rule violation pursuant to By-Law 5.2.2 of the ARU Anti-Doping By-Laws by engaging in conduct pursuant to which he sought to acquire “Prohibited Substances” over the internet.

It was further ruled by that Award that the question of sanction be reserved and directions were given as to the filing in the CAS Oceania Registry of written submissions by the parties as to sanction.

The Appellant filed short written submissions as to sanction. The Affected Party filed a short written submission noting that it had no further submission to make as to sanction other than that which was already addressed in paragraph 33 of the Answer of the Affected Party. The Respondent did not file any written submissions as to sanction.

The Appellant, in short, claimed that it had no objection to the period of provisional suspension being credited against the total period of sanction to be imposed on the Respondent.

IRB v. Luke Troy & ARU, award of 6 August 2009

LAW

1. Having considered the submissions made on the question of sanction, we are of the view to impose a sanction of two years from the date of the Partial Arbitral Award delivered by the Panel on 2 June 2009 taking into account the period of 1 February 2008 until 28 February 2008 during which time Mr Troy was provisionally suspended and deduct this time from the end date of the sanction imposed.

The Court of Arbitration for Sport rules:

1. The period of ineligibility of Mr Luke Troy will be two years from 2 June 2009.

2. The period of ineligibility of Mr Luke Troy referred to in order 1 above will be reduced by a period of 28 days and will terminate on 5 May 2011.

3. (…).