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Anti-Doping Commission announces decision

The full text of the decision Of the Anti-Doping Commission constituted By The Pakistan Cricket Board In the matter Of doping offences allegedly committed by Shoaib Akhtar and Mohammad Asif

01-Nov-2006
The full text of the decision of the Anti-Doping Commission constituted by the Pakistan Cricket Board in the matter of doping offences allegedly committed by Shoaib Akhtar and Mohammad Asif
On 14.9.2006 the previous Chairman, Pakistan Cricket Board (PCB) passed order for dope tests of all 19 players being considered for inclusion in the team going to India for the ICC Champions Trophy. This decision was communicated to PCB's Medical Officer Dr. Sohail Saleem who is also the Anti Doping Control Officer (ADCO) under PCB's Anti Doping Regulations (adopted on 1.9.2002). The other person taken into confidence about this decision was PCB's Director Operations, Mr. Saleem Altaf.
2. There is no accredited laboratory of the World Anti Doping Agency (WADA) in Pakistan. There is an accredited laboratory in Malaysia. The kits i.e. containers, in which the urine samples were to be taken had to be obtained from Malaysia. This took about 7 days. On 22nd and 23rd September 2006 the ADCO notified all the players (except Kamran Akmal and Rana Naveed ul Hassan both of whom were out of the country) of his intention to take their urine samples. This was done through telephone calls made to the concerned players. Samples of a number of players including Mr. Mohammad Asif were taken on 25.9.2006. Samples of remaining players were taken on 27th, 28th and 29th September and 2nd October 2006. The only sample taken on 2.10.2006 was that of Mr. Shoaib Akhtar.
3. After all 19 samples had been obtained the ADCO dispatched the same to the Doping Control Centre Universiti Sains Malaysia located in the city of Penang. None of the kits bore the names of the players. Each player was given a confidential code number. Each kit was dispatched under an individual identification number. The kit containing the sample of Mohammad Asif bore identification no.978258 while that of Shoaib Akhtar bore identification no.189638.
4. On 12th October 2006 the ADCO received faxed intimation from the Malaysian Centre that 17 samples had tested negative for banned substances under WADA's prohibited list while 2 samples (978258 and 189638) were suspected to contain banned substances. The confirmation procedure for these samples was being performed and the results would be communicated as soon as this procedure had been completed. On 13th October 2006 the Malaysian Centre informed that both suspect samples had been found to contain 19-Norandrosterone, a metabolite of nandrolone greater than the threshold of 2ng/ml. (nanograms per milliliter). The sample bearing identification no.189638 was also found to contain the 18-Methyl-19-Nortestosterone metabolite but this was not confirmed. On further reference made by the ADCO the Malaysian Centre informed on 17th October 2006 that both samples had been retested and it was reconfirmed that both contained 19-Norandrosterone greater than the threshold of 2ng/ml. On 19.10.2006 the Malaysian Centre informed that the estimated concentration of 19-Norandrosterone in sample 189638 (pertaining to Mr. Shoaib Akhtar) was 14.06 ng/ml while that in sample 978258 (pertaining to Mr. Mohammad Asif) was 13.07 ng/ml.
5. On receipt of the above-mentioned reports the PCB suspended both players with effect from 15th October 2006 and decided to set up the present Anti Doping Commission (ADC) which under clause 5.7 of PCB's Anti Doping Regulations is empowered to determine whether a person has committed a doping offence and, if so, what sanctions will apply and for how long. Under clause 6.2 the ADC has power to conduct its hearings in private or otherwise as it may determine. The hearings are to be conducted with as little formality and technicality and as quickly as possible. The ADC may examine and cross-examine witnesses and may appoint a legal representative or other person to assist its deliberations. It may ask the PCB's Medical Officer/ADCO to act as expert witness at the hearings and allow the persons accused of the doping offence to examine and cross-examine witnesses and to be assisted by legal representatives or other persons of their choice.
6. Under clause 6.3 the ADC is to accept the result conducted by a drug testing authority unless it is satisfied that the drug testing authority did not substantially comply with the drug testing procedure and that such non-compliance has cast a significant doubt on the result. Under clause 4.1 a player is said to have committed a doping offence if a prohibited substance is present within the player's body tissue or fluids unless the player has used the prohibited substance for a therapeutic purpose or there are exceptional circumstances. The therapeutic purpose defence is available to a player if he has used a prohibited substance with the prior written approval of the PCB's Anti Doping Commission. This is not the defence of either Mr. Mohammad Asif or Mr. Shoaib Akhtar.
7. Exceptional circumstances are specified in clause 4.5 which is reproduced below:- "Exceptional circumstances exist if either: (a) the presence of the prohibited substance is beyond the player's control [for example (i) the player has a natural testosterone; epitestosterone ratio above 6:1; or (ii) the player is administered the prohibited substance in hospital with his knowledge in a life threatening situation; or (b) the player held an honest and reasonable belief in a state of facts which, if they existed, would mean that the player did not commit a doping offence."
The onus to prove exceptional circumstances is on the player who claims that there were exceptional circumstances.
8. If the ADC finds that a doping offence has been committed then under clause
7.1 the ADC may apply one or more of the following sanctions:-
(a) ban the person from selection to represent Pakistan in International competition;
(b) ban the person from competing in any events and competitions conducted under the jurisdiction or the auspices of the PCB or any unit;
(c) make the person ineligible to receive direct or indirect funding or assistance from the PCB or any affiliated units;
(d) ban the person from holding (or continuing to hold) any position within the PCB any member (including as an officer or employee);
(e) require that the person remain on POA register of athletes for the purpose of out-of-competition testing;
(f) recommend that:
i) the PCB or any unit.
Require the person to repay financial assistance given to the person from the date of the doping offence;
(g) require the person go to counseling for a specified period;
(h) withdraw individual awards, placings and records won in events and competitions conducted under the jurisdiction or the auspices of the PCB or any member from the date of the doping offence;
(i) fine the person; and/or
(j) reprimand the person.
9. Clause 8.1 states that where the doping offence involves anabolic agents, the ADC shall impose all the sanctions specified in (a), (b), (c), (d) and (e) above and that, subject to clause 8.3 these sanctions will apply for a minimum of two years for a first doping offence. Clause 8.3 empowers the ADC to vary the period on the basis of any report, statement or evidence that becomes available to it during its deliberations.
10. Various sub-clauses of clause 9 empower either the PCB or an aggrieved player to appeal against the decision of the ADC to an Appeals Committee. The aggrieved player also has the right to apply for review to the ADC itself in case a new and relevant information becomes available which was not considered by the ADC and which was not available to the player at the time of hearing.
11. The ICC Anti Doping Regulations, which apply only to in-competition periods i.e. periods of the relevant ICC events may also pertinently be noticed here because PCB is a member of the ICC and the Central Contracts signed by all Pakistan cricketers state inter-alia that they shall be bound by the Anti-Doping Policies of both the ICC and the PCB. The ICC Regulations lay down that it is each player's personal duty to ensure that no prohibited substance enters his body. However, no sanction is imposed for a doping violation if the player is able to establish that he did not know or suspect and could not reasonably have known or suspected, even with the exercise of utmost caution, that he had used or been administered a prohibited substance. Further, the sanction to be imposed may be reduced by half if the player establishes that his fault or negligence, when viewed in the totality of the circumstances and taking into account the criteria for no fault or negligence, was not significant in relation to the anti doping rule violation. The burden to prove no fault or negligence or no significant fault or negligence is on the player charged with the offence. However, the standard of proof is to be based on the balance of probabilities.
12. In the matter of no fault or negligence, no significant fault or negligence, the burden of proof and the standard of proof, the provisions of the WADA Anti Doping Code are very similar to those of the ICC Anti Doping Regulations. Pakistan is a signatory to the Copenhagen Declaration establishing WADA and bound by the provisions of the WADA Anti-Doping Code.
13. The first regular hearing of the Commission was held on 27th October 2006, the second on 28th October 2006 and the 3rd on 1st November 2006. To begin with we recorded the preliminary statement of the ADCO Dr. Sohail Saleem who had already, on our instructions, given to both Mr. Mohammad Asif and Mr. Shoaib Akhtar copies of the Malaysian Centre's test reports pertaining to them, the PCB Anti Doping Regulations and the WADA 2006 prohibited list. The ADCO placed on record the following documents:-
(i) Report regarding sample taken from Mohammad Asif on 25.9.2006.
(ii) Report regarding sample taken from Shoaib Akhtar on 2.10.2006.
(iii) Analysis Request Form dated 23.10.2006 sent by the ADCO to the Malaysian Doping Control Centre.
(iv) Malaysian Centre's fax letter dated 12.10.2006 (3 pages).
(v) Malaysian Centre's fax letter dated 13.10.2006 (3 pages).
(vi) Malaysian Centre's letter dated 17.10.2006.
(vii) Malaysian Centre's fax letter dated 19.10.2006.
(viii) PCB's Anti Doping Regulations.
(ix) WADA 2006 prohibited list.
(x) WADA International Standard for Testing June 2003.
On our request he also provided us with copies of ICC Anti Doping Regulations, WADA Anti Doping Code and the medical records of Mr. Mohammad Asif and Mr. Shoaib Akhtar.
14. Both Mr. Mohammad Asif and Mr. Shoaib Akhtar were confronted with the adverse test results pertaining to them and informed that on the basis of these results it appeared prima facie that they had committed a doping offence as defined in clause 4.1 of the PCB Anti Doping Regulations punishable under clause 8.1 because nandrolone was an anabolic steroid whose use was banned under the WADA 2006 list of prohibited substances.
15. In reply Mr. Mohammad Asif recorded his statement that he had not knowingly used any medicine or substance which could explain the test results of the Malaysian Centre. When he was in UK in June 2006 alongwith the Pakistan Team he was given an injection for his elbow injury which did not work. Thereafter he received 2 more injections during his stay there. After his return he had been using nutritional supplements viz Promax-50. This was in the knowledge of the Team Physiotherapist Mr. Darryn Lifson who was also present when he was given the 3 injections in UK. He lived in a village and was unaware of the effects of the injections and nutritional supplements that he had taken. Despite our repeated offer he declined to have a legal or other representative to assist him.
16. In his statement Mr. Shoaib Akhtar stated that he had been taking a high protein diet and protein supplements since 1999. He had also been taking isotonic solutions and herbal medicines since 2002. He had not taken any banned or prohibited substances. He presented a written report about his diet and medical history as part of his statement which he had prepared with the assistance of his medical advisor Dr. Nouman Niaz who accompanied him to the hearing. Relevant portion of the written presentation made by Mr. Shoaib Akhtar is reproduced below:-
"A 31 year old gentleman, well oriented in time and space Shoaib Akhtar was born with two congenital deformities-Flat feet and hyper-extensive joints. Supreme athlete playing competitive international sport, Shoaib weighs 85 kgs and stands at 5 ft 11½ inches. His waist is 34, chest 44 and biceps 12½ inches.
Occasional smoker and a past history of infrequent alcohol consumption, with a penchant for western lifestyle, sexually active Shoaib has an unremarkable medical history. There is history of bronchial asthma (atopy). However his surgical/trauma history is quite remarkable.
- In 1999 he injured his right shoulder (rotators, biceps and triceps)
- In 2000 he had a sequence of (4 x times) hamstring injuries
- In 2000 on tour to West Indies he was reported to have an intercostals muscle injury with fractured 11th & 12th ribs (left)
- In 2001 on tour to New Zealand he went out with a quadriceps injury
- In 2002 he had bilateral meniscus injuries with floating bodies-arthroscopy (diagnostic and therapeutic was performed)
- In 2005-06 he fractured his right fibula
- In 2005-06 also reported for a calf muscle injury
- Lately he has been having sore back (lower backache and muscle spasm (L3-L4 & L5-S1) with no focal neurological deficit or pinching symptoms.
Shoaib is a mentally tough individual having withstood enormous social pressures. At one time his career was at stake charged to have an illegal bowling action. He underwent extensive biomechanical diagnostic and rehabilitation session in Australia and returned to bowl himself to peak."
17. About his diet and training regime Mr. Shoaib Akhtar's written presentation reads:-
Normally takes heavy protein diets (two major portions-steaks or steamed meat-mutton/beef) twice daily. Has been taking BLAZE XTREME (a fat burning supplement contaning the All-Star MVPs: Delta 5-E, Tyramine, Forskolin, EGCG (a special constitutent of green Tea), Bacosides A & B, TTA and Caffeine).
He has also been taking NITRON5 containing ornithine and arginine. Nitron 5 is designed to:-
1. Increase lean body mass and strength
2. Support muscle pumps and blood flow
He has a history of taking ERGOLEAN AMP. Pre-Workout Neuro-stimulant/ Thermogenic Monster.
He has also once prescribed SIZE ON by a local trainer. It contains Creatine Gluconate (cell volumizer) creatine with a "two staged" delivery system requiring absolutely no "loading period" and insuring fast, sustained, and maximal muscle volumization. Sporadically Shoaib has been taking.
Promax 50 (from Fleximuscle, London) a liquid protein diet.
Viper-an isotonic drink to boost the immunity.
T-Bomb II
It is like Testosterone on Testosterone- it jacks up the testosterone levels to the max, technically a male hormone optimizing formula. Supposedly a pro-hormone free testosterone formula available to optimize testosterone levels in the blood, also increasing the free testosterone, improving the testosterone to estrongen ratio and maximizing the anabolic effects of pure testosterone. He also admits taking Herbal medicines (masculinity/strength boosters). He has also been taking mixed pill vitamins.
The Training Regime.
4 hours x gymnasium training including 2 body parts 5x week. Cardiovascular x 2 hours 40 minutes x running 20 x 100m sprints 5 x sets of shuttles (including 10 x 50m sprints per one shuttle)."
18. We put a number of questions to Mr. Mohammad Asif and Mr. Shoaib Akhtar. Thereafter we recorded the supplementary statement of the ADCO Dr. Sohail Saleem and allowed both the players to cross-examine him. At our second session we recorded the statements of Prof. Javed Akram, Professor of Medicine at the King Edward Medical University, Lahore and Dr. Syed Abbas Raza, Endocrinologist at Shaukat Khanum Cancer Hospital, Lahore. They rendered very valuable assistance and we are grateful to them for their time and input. We also allowed both the players to question the medical experts.
19. We also heard and recorded the statements of the Team Coach Bob Woolmer, the Team Physiotherapist Darryn Lifson and the Team Trainer Mr. Murray Steveson.
20. The following further documents have been produced before us:-
(i) Central Contract dated 1.12.2004 between PCB and Mr. Shoaib Akhtar.
(ii) Central Contract dated 1.7.2006 between PCB and Mr. Mohammad Asif.
(iii) Instructions in Urdu drafted by Dr. Meesaq Rizvi about the Anti Doping Regulations which was distributed to the players in 2002.
(iv) Attendance sheet of an anti doping awareness programme held on 31.10.2002 and signed, amongst others, by Shoaib Akhtar.
(v) WADA's 2005 prohibited list given by the ADCO to the Team Physiotherapist for communication to the players.
(vi) Publication titled WADA's 2006 prohibited list and WADA's Athlete Guide copies of which publications were handed over by the ADCO to the Team Physiotherapist Darryn Lifson for distribution to the players prior to the Team's England tour in 2006.
(vii) Report dated 10.7.2006 by Dr. O.N. Yanni, Consultant Orthopaedic Surgeon in respect of Mohammad Asif.
21. We have also seen a large number of articles on steroids, with particular reference to nandrolone and nutritional supplements including, in particular, T-Bomb II, Promax 50 and Nitron-5. We are grateful to Dr. Zia-ur-Rehman of Aurora Ohio for the assistance provided by him in researching these articles for us. We have also seen available literature on the composition and effects of these nutritional supplements.
22. At the conclusion of our hearings we heard a detailed oral presentation from Dr. Nouman Niaz on behalf of Shoaib Akhtar. We also heard and put further questions to Mohammad Asif.
23. Dr. Sohail Saleem, ADCO stated before us that he had strictly observed the procedure prescribed in WADA's International Standards for Testing June 2003 while taking the samples from all the players including Shoaib Akhtar and Mohammad Asif. We specifically asked both of them whether they were satisfied about the manner in which the urine samples had been obtained from them and they answered in the affirmative. It appears that both the players handled the kits themselves and also themselves sealed the kits containing their A&B samples. Certificate of analysis sent by the Malaysian Centre on 12th October 2006 confirms that the chain of custody was intact.
24. We also specifically asked both players whether they wanted their B samples to be tested in case they had any doubt about the results sent by the Malaysian Centre with regard to their A samples. Both declined this offer.
25. We have already noted that neither player seeks to explain his elevated 19-Norandrosterone level on the basis of therapeutic use exemption certificate.
26. In the above circumstances the matter to be resolved by us is whether either player has been able to establish a defence based on exceptional circumstances. In other words whether either player has been able to show no fault or negligence or no significant fault or negligence.
27. The case of Shoaib Akhtar may be taken first. He claims that his high protein intake over the years has caused endogenous production of 19-Norandrosterone in his system well above the prescribed limit of 2.00 ng/ml. The medical experts who have appeared before us have stated categorically that levels of this metabolite as high as the level found in Shoaib Akhtar's urine sample viz 14.06 ng/ml are not possible to be produced endogenously. WADA's list of prohibited substances states as under:-
"For 19-Norandrosterone an adverse analytical finding reported by a laboratory is considered to be scientific and valid proof of exogenous origin of the prohibited substance. In such case no further investigation is necessary."
All the medical literature made available to us, as also the very valuable medical input and knowledge of one of our members, confirms the above. We may however state that there is a urine test known as GC-C-IRMS which can determine whether or not the given levels of the metabolite have been produced endogenously or otherwise. We offered this test to Shoaib Akhtar but he declined to take the same.
28. We asked Shoaib Akhtar whether he can specify the vitamins that he had been taking. He replied in the negative. We asked him who had prescribed the herbal medicines that he had been taking. He said that he had been getting them from his friends. During closing arguments, as also earlier, Dr. Nouman Niaz stated on his behalf that he had been taking "kushta' and also various "off the cuff medicines" without specifying which medicines or who had prescribed them.
29. Mr. Shoaib Akhtar confirmed that he had been tested on two previous occasions, once before the 2003 World Cup by the PCB and once in August 2004 by the ICC (both these tests were negative for any banned substance) but claimed that he was neither aware of the list of banned substances or that nandrolone was a steroid and a banned substance. When asked which nutritional supplements he had been taking during the last six months, his answer was T-BOMB II, Promax-50 and Viper and that he had obtained these supplements from Fleximuscle, London and from his friends. He stated that he had never informed the Team Coach or the Team Physiotherapist or the PCB Medical Advisor about the supplements, vitamins and herbal medicines that he had been taking because they have never asked him and none of them were banned items. He claimed that he had never seen the two publications viz 2006 list of prohibited substances published by WADA or WADA's Athlete Guide which, according to the ADCO and the Team Physiotherapist, were given to the players prior to the England tour in August 2006. He stated that he had never been warned or advised by the PCB or any of its staff about the Anti Doping Regulations. When asked whether he had taken the advice of any medical practitioner with regard to the supplements, vitamins and herbal medicines he replied in the negative and said that he had been taking them on the basis of "general wisdom" based on his contacts with friends and others and that he had never consulted even Dr. Nouman Niaz who had accompanied him to the hearing. He said that he had taken all the above because they were good for him.
30. When confronted with the Central Contract signed by all the players (which contains specific clauses with regard to doping, etc) he said that he had not signed current year's contract but admitted that he had signed the contract for the year 2004-05. He claimed however that he had not read the said contract. When asked finally whether he was himself not responsible for whatever supplements, etc he had taken, he said that they were not banned substances and I could not know their effects.
31. During the final arguments Dr. Nouman Niaz admitted that Shoaib Akhtar had been taking the supplements injudiciously and ill-advisedly because he had absolutely no educational background about their possible adverse effects and also because no PCB doctor was available to advise about these substances. He stated it was case of no fault or negligence on the part of Shoaib Akhtar.
32. Shoaib Akhtar has been playing for Pakistan for the last 10 years. He was tested on 2 previous occasions once by the PCB prior to the 2003 World Cup and once by the ICC in August 2004. The ADCO Dr. Sohail Saleem has stated before us that in 2002 instructions about the Anti Doping Regulations, drafted in Urdu by Dr. Meesaq Rizvi, were distributed to each player. It is confirmed from Shoaib Akhtar's signatures on the attendance sheet that he was present at a lecture given to all the players about anti doping awareness on 31.10.2002. Unlike other players Shoaib Akhtar did not sign PCB's Central Contract because he was not prepared to accept the conditions with regard to sponsorship, advertising, etc. It is, therefore, difficult to accept that he did not read the contract signed by him for the year 2004-05 which like the one for 2005-06 specifically obliges the players not to indulge in taking prohibited substances including, amongst others, drugs, intoxicants, anabolic steroids, and records that the cricketer will have to take doping tests whenever asked to do so by either the PCB or the ICC.
33. We have seen the available literature in respect of the nutritional supplements viz T-BOMB II, Promax-50 and Viper admittedly taken by Shoaib Akhtar during the last six months. None of their ingredients can produce or explain the elevated level of 19- Norandrosterone in his adverse test result.
34. Dr. Nouman Niaz has argued before us that market survey conducted in some western countries found presence of contamination in as much as 20% of the nutritional supplements available in the market, and the elevated level of the nandrolone metabolite in Shoaib Akhtar's sample may well be the result of inadvertent use of such contaminated supplements. One of the medical experts who assisted our deliberations stated that there is a 'grey' area when the elevated level is between 2 and 20. He said that the question whether the level of 14.06 ng/ml in Shoaib Akhtar's urine sample had been produced endogenously by a prolonged ingestion of high protein diet, vigorous exercise and nutritional supplements could be determined through a GC-C-IRMS test but, as already noted, Shoaib Akhtar declined this test.
35. We are not entirely satisfied with the manner in which PCB has advised and cautioned its players with regard to prohibited substances, the adverse effects of their use and the Anti Doping Regulations. We have found much "passing of the buck" between the various PCB officials who have appeared before us. We are firmly of the view that PCB needs to have a qualified and experienced sports doctor whenever the team is on tour abroad. We are also of the view that periodic guidance should be provided to the players about their diet, nutritional supplements, prohibited substances and the Anti Doping Regulations and there should be clear cut responsibility as to who is to perform these various tasks and when.
36. Our above observations do not, however, affect our judgment that Shoaib Akhtar has been unable to establish that he did not know or suspect and could not reasonably have known or suspected that he had been using prohibited substances. None of the supplements being used by Shoaib Akhtar were offered to us for getting them analyzed for possible contamination. Shoaib Akhtar was, by his own admission, prone to injury and constantly consulting his own doctors. It is the admitted position that his personal physician Dr. Touseef Razzaq was allowed to go with him on foreign tours. He cannot possibly claim that he exercised utmost caution in this matter. He could and should have consulted his doctors. In fact we find it difficult to believe that he did not do so. In the totality of the circumstances we are not convinced that there was no fault or negligence on the part of Shoaib Akhtar or even no significant fault or negligence. We hold that he has committed a doping offence as defined in clause 4.1 of the PCB Anti Doping Regulations. There are no mitigating circumstances which would justify the imposition of a sanction less than the minimum prescribed namely a ban of two years. Consequently in accordance with clause 7.1 read with clause 8.1 of the PCB Anti Doping Regulations we impose the following bans on Shoaib Akhtar for a period of two years commencing 15th October 2006 viz the date on which he was suspended by the PCB:-
(i) He is banned from selection to represent Pakistan in International competition;
(ii) He is banned from competing in any events and competitions conducted under the jurisdiction or the auspices of the PCB or any unit;
(iii) He is ineligible to receive direct or indirect funding or assistance from the PCB or any affiliated units;
(iv) He is banned from holding (or continuing to hold) any position within the PCB any member (including as an officer or employee);
(v) He shall remain on POA register of athletes for the purpose of out-of-competition testing.
37. The case of Mohammad Asif is on a somewhat different footing with regard to the level of his responsibility. Mohammad Asif became a regular member of the Pakistan Team in March 2006. He was not tested previously. It is not shown that he was ever present at any lecture or session with regard to the Anti Doping Regulations or list of prohibited substances. There is some doubt whether he was even handed over the WADA 2006 list of prohibited substances and WADA Athlete Guide prior to the departure of the team for the England tour in August 2006. He was amongst those who gave his sample on the very first date of sample taking viz 25.9.2006 and did not try and delay the sample taking. He said in response to a question put by us that he had been using Promax but had stopped as soon as the Team Physiotherapist told him to do so. Mr. Darryn Lifson the Team Physiotherapist has confirmed before us that Mohammad Asif stopped the use of Promax-50 (purchased by him locally) as soon as he was told to do so. We have ourselves noticed during the hearings that Mohammad Asif's command of English is limited and we are clear that he could not possibly have understood the WADA publications without someone helping him to understand their contents. No such guidance or counseling was provided. He has stated before us that he is unable to explain why his urine sample has tested positive for the nandrolone metabolite.
38. Notwithstanding the above, quite apart from the specific provisions of the WADA Anti Doping Code and the ICC Anti Doping Regulations, it is a matter of common sense that it is each player's own duty to ensure that no prohibited substance enters his body. The WADA Code states that it is not necessary to demonstrate intent, fault or negligence or knowing use in order to establish a doping offence. It is clear that the level of 13.07 ng/ml of 19-Norandrosterone in Mohammad Asif's sample had an exogenous origin and was not produced by his body endogenously. He has not been able to satisfactorily explain this adverse result. In fact he has not offered any explanation. He says he cannot explain how or why. He has not said that his Promax supplement may have been contaminated and/or offered the said supplement for analysis. In the absence of any reasonable explanation for the adverse test result we are not convinced that Asif's case is one of no fault or negligence. However, keeping in view the totality of the circumstances we are of the view that it is one of no significant fault or negligence and that there are exceptional circumstances noted by us hereinabove that justify a more lenient view than that taken by us in Shoaib Akhtar's case. Accordingly we have decided to impose a one year ban on Mohammad Asif with effect from 15.10.2006 viz the date on which he was suspended by the PCB as under:-
(i) He is banned from selection to represent Pakistan in International competition;
(ii) He is banned from competing in any events and competitions conducted under the jurisdiction or the auspices of the PCB or any unit;
(iii) He is ineligible to receive direct or indirect funding or assistance from the PCB or any affiliated units;
(iv) He is banned from holding (or continuing to hold) any position within the PCB any member (including as an officer or employee);
(v) He shall remain on POA register of athletes for the purpose of out-of-competition testing.
39. Both Shoaib Akhtar and Mohammad Asif have been informed and advised of their rights of appeal and review.
Intikhab Alam Shahid Hamid Dr. Waqar Ahmed