Johannesburg, Thursday, 26 January 2006 - Athletics South Africa (ASA)
today announced that its Disciplinary Committee (sitting as the
Tribunal), chaired by Mr Monty Hacker, are satisfied that exceptional
circumstances exists from the evidence presented before them, at the
Hearing of Hezekiel Sepeng, that was held on Tuesday, 24 January 2006.
Sepeng tested positive for Nandrolone, a banned substance, in an IAAF
out of competition test in February 2005.
As a consequence, the ASA Tribunal has decided to invoke the provisions
of IAAF Rule 38 (16), that states: "If, having examined the evidence
presented, the relevant tribunal considers that there are circumstances
in the athlete's case which may be exceptional, if the case involves an
international-level athlete, it shall: (a) refer the matter to the
Doping Review Board (via the Secretary-General), together with all
material and/or evidence which, in its view, demonstrates the
exceptional nature of the circumstances..."
In terms of the above rule, where exceptional circumstances are found to
exist, the Tribunal cannot itself acquit Mr Sepeng. Instead, it must
refer the matter to the IAAF doping review board for a decision. In
doing so it must invite the athlete and ASA to support the referral or
to make independent submissions in support of the referral. ASA will
support the referral in this instance.
This referral is currently in process, with a recommendation that the
IAAF anti doping review board finds that exceptional circumstances does
exist and to either acquit Mr Sepeng of the charge levelled against him,
or to alternatively refer the matter back to the ASA Tribunal for it to
acquit Mr Sepeng.
