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| ITF Press Release |
| Decision in the case of Mark Nielsen |
London, GBR, 05 Jun 2006 - The International Tennis Federation announced today that an independent Anti-Doping Tribunal convened under the Tennis Anti-Doping Programme has found that Mark Nielsen committed a Doping Offence under the Programme.
The independent Anti-Doping Tribunal has ruled that Mr Nielsen, a 29-year-old from New Zealand, committed a Doping Offence under Article C.1 of the Programme (presence of a Prohibited Substance in a sample), in that a sample that he provided on 12 January 2006 at the Australian Open in Melbourne tested positive for finasteride. Finasteride is classified by the WADA Code and the Tennis Anti-Doping Programme as a masking agent.
The independent Tribunal considered the matter from written submissions including witness statements and documents. The Tribunal consisted of Mr Charles Flint QC, Professor Vivian James and Dr Anik Sax. The Tribunal accepted that Mr Nielsen took the substance as part of a medical treatment for hair loss, but considered that the failure to check if the medication might contain a prohibited substance “indicates a serious dereliction of duty on the part of any player who participates in a sport governed by the WADA Code”.
The Tribunal rejected Mr Nielsen’s plea of No Significant Fault or Negligence and confirmed the commission of a Doping Offence and automatically disqualified Mr Nielsen’s results at the Australian Open including forfeiture of ATP ranking points and prize money earned at that event. Subsequent results are not disqualified. In accordance with the WADA World Anti-Doping Code the Tribunal also imposed a two-year suspension from competition, which is deemed to have commenced on 10 March
2006 when Mr Nielsen voluntarily withdrew from competition.
The tribunal's written decision with reasons is available below.
Any party wishing to appeal the decision will have three weeks to do so from receipt of the written decision.
The Tennis Anti-Doping Programme is a comprehensive and internationally recognised drug-testing programme that applies to all players competing at tournaments sanctioned by the ITF, ATP and WTA Tour. The ITF tests at Grand Slams (men and women), Davis Cup and Fed Cup, ITF Men’s and Women’s Circuit, Junior and Wheelchair Tennis Events, and from 2006, manages the testing at all ATP-sanctioned events. The WTA Tour manages testing at WTA Tour events. Players are tested for substances prohibited by the World Anti-Doping Agency. Charges of breach of the Programme are heard by an independent Anti-Doping Tribunal.
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