Inside the judgement that shook local rugby
Calistus Kolantsho | Friday August 18, 2017 15:24
Ntshiwe and Cherry appeared before the WRB judicial committee accompanied by their coach, Sean Irish in April 2016. The players were alleged to have committed separate anti-doping rule violations as a result of analytical findings for the presence of the specified substance oxilofrine (methylsynephrine). Officers from the South Africa Institute of Drug Free Sport (SAIDS) took urine samples from the two players.
The samples were sent to the World Anti-Doping Agency (WADA) accredited laboratory in Lausanne, Switzerland. Separate analysis of each sample revealed the presence of oxilofrine.
The players were notified via the Botswana Rugby Union (BRU) that they might have committed anti-doping rule violations in December 2015. Ntshiwe and Cherry were suspended, pending the outcome of the matter. By January 2016, the players admitted to the violations.
In April 2016, Neill Armstrong attorneys submitted affidavits sworn by Cherry, Ntshiwe and Irish and two unsigned affidavits from Dave Gilbert.
“In March, World Rugby provided a warning against self-incrimination to the Union which it asked to be passed to any coach or other third party who intended to provide evidence in the matter,” the judgement reads in part.
In his sworn affidavit, the then 23-year-old Cherry said he had not received any anti-doping education, either from the club he was playing for or the Union. He said he relied upon advice from the Union through the Sevens team coach and the marketing agent of the products.
“I am advised that the retailer did check with the supplier of the products, which included the supplement berserker, which contained the prohibited substance and was advised all products including the berserker were athlete friendly,” Cherry said in his statement.
The player denied taking the substance intentionally. He made it clear that the source of oxilofrine was Berserker, which he took and which was supplied to him by his coach.
“I did though ask if it was cleared and the response was that it was,” he said.
The judicial committee established that Cherry failed to carry out his own research. It stated that a simple internet would have identified the oxilofrine and that it was prohibited.
It further said the player could have sought medical or other expert advice.
“No check was made with the manufacturer of the supplement. The wholesaler and retailer have commercial interests to serve in selling the product,” it was noted during the hearing. The judgement pointed out that there was no independent certification that the supplement was safe (which is hardly surprising given that it was not).
Ntshiwe, 26-years-old at the time said he had also received any anti-doping education from the club or the Union. He also submitted a sworn statement similar to that of Cherry.
The committee established that unlike Cherry, Ntshiwe appeared to have made no specific enquiry as to whether the supplement was “safe”, although Ntshiwe was in the meeting.
The judicial committee established that Cherry failed to carry out his own research.
For his part, Irish confirmed the truth of the players’ accounts and accepted that he supplied the berserker. He said in his affidavit that the players relied upon him for advice in researching the composition of berserker.
He said he was not thorough enough. Irish said the players took it once before the tournament and it made some of the players feel sick and it was not used again. Irish said the supplier and wholesaler assured him that the product was legal.
The WRB judicial committee said in their response that the aspects of the cases had caused the unease and concern.
“We had to deal with two international Sevens players supplied at an international tournament by their coach with a supplement which contained a prohibited substance listed as an ingredient,” reads part of the judgement.
It further states that while players have personal responsibility, which they cannot delegate, so does the Union and the coach.
“Having said that, it is right to record that Irish did not seek to shy away from such nor did the Union seek to avoid its own responsibilities. We are conscious that it is the players who suffer the (direct) consequences,” it further reads. The judicial committee then ruled that Ntshiwe and Cherry suspension should commence in December 2015.
Mmegi Sport sought a perspective on the matter from Africa Zone VI RADO manager, Andrew Kamanga this week that in terms of the World Anti-Doping Code, the relevant authorities of the perceived anti-doping rule violation should undertake proper investigations.
“According to the information we have, this matter has been dealt with by World Rugby (WR) in the form of a hearing for all those concerned in the matter,” he said.
Kamanga said the RADO office has not been made aware of any progress on the implementation of lack thereof of the recommendations of the World Rugby.
He said it is up to the BRU to implement recommendations from the World governing body.
Meanwhile, Kamanga said Botswana National Olympic Committee (BNOC), as the local leading agency on all anti-doping matters and the Africa Zone VI RADO are available to assist the BRU and its clubs in terms of anti-doping education and promotion of clean rugby. He added that the position of World Rugby is clear; Zero tolerance for doping in the sport.