A decision in the case of the UK Anti-Doping (UKAD) v Miles Normandale was published last week (here).
Jo represented Mr Normandale, a semi-professional rugby player and former Cardiff Blues lock. She appeared pro bono, instructed by Jason Torrance of Fisher Jones Greenwood LLP.
The athlete had tested positive for the presence of a banned substance, clomiphene. He promptly admitted the charge, but argued that he had taken it at a time when he was not playing rugby due to a serious injury and believed he would never return. The UK Anti-Doping Authority (UKAD) sought a four-year ban on the grounds that the violation was ‘intentional’ per the meaning of the Anti-Doping Rules.
Jo presented Mr Normandale’s case to the NADP, drawing on medical records which showed a serious injury and slow recovery, and cross examining UKAD’s key witness Professor Cowan, an expert on Forensic Science & Drug Monitoring who co-founded the UK’s only World Anti-Doping Agency accredited laboratory.
Delivering its decision, the Panel found that UKAD had not proved that the violation was intentional, and was satisfied that at the time he used the substance, Mr Normandale was not competing, and that there had been no prospect of him competing in the foreseeable future. Accordingly, Mr Normandale received a two-year ban, backdated to the date he provided his sample for testing.
Jo was delighted to use her knowledge of medicine, professional discipline and sports law to assist Mr Normandale. Jo is a member of the Sport Resolutions pro bono panel, assisting athletes in a variety of regulatory matters.
