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Max Shephard - successful appeal in the case of Goodfellow v Rugby Football Union before the National Anti-Doping Panel.

Max Shephard is successful on appeal in the case of Goodfellow v Rugby Football Union before the National Anti-Doping Panel.

Mr Goodfellow tested positive for methasterone which is an exogenous anabolic agent and S1 in the WADA prohibited list. The appeal tribunal reduced Mr Goodfellow’s sanction from four years to two years following submissions regarding the definition of intention in the World Rugby Regulations (WRR).

The appeal tribunal concluded that a person who does no searches at all may be grossly negligent, but it does not follow that they knew there was a significant risk that the conduct might constitute or result in an anti-doping rule violation (ADRV). This decision is significant in the context of anti-doping proceedings.

The case also clarified the position as to the requisite understanding of an athlete when arguing intention. The appeal tribunal’s view was that it was preferable to focus on the words of WRR 21.10.2.3 which require knowledge that there was a significant risk that the conduct would constitute or result in an ADRV.

For the first instance and appeal decisions click here.

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