Triathlon: Gemmell banned from sport

Kris Gemmell in his final race before retiring. Photo / Dean Purcell

Retired triathlete Kris Gemmell has been banned from participating in sport for 15 months after violating anti-doping rules.

Gemmell, who retired in 2012, was cited by Drug Free Sport NZ (DFSNZ) earlier in the year for failing to comply with the athlete whereabouts programme.

The case was initially dismissed by the New Zealand Sports Tribunal in February but DFSNZ successfully appealed that decision to the Court of Arbitration for Sport (CAS).

The international body today backed the steps DFSNZ took in relation to Gemmell's rule violation, releasing a judgement in which it banned the former triathlete from sport for 15 months.
DFSNZ chief executive Graeme Steel said the CAS decision was important because it clarified the rules around the whereabouts programme.

"The Court notes that the whereabouts programme is a 'powerful and effective means of deterring and detecting doping in sport'," Steel said. "The ruling confirms that the surprise nature of drug testing that the whereabouts programme allows is important and that Drug Free Sport NZ is right not to give athletes advance notice of testing by telephoning them."

The whereabouts programme is used by anti-doping organisations worldwide and requires athletes to regularly log details of their location so they can be located at any time for drug testing. Top level athletes involved in the programme need to specify a one-hour timeslot each day in which they will be available for drug testing.

Under the current rules, if they fail to correctly record their whereabouts or miss a test three times in the space of 18 months it is considered an anti-doping rule violation.

DFSNZ argued that Mr Gemmell had missed two tests and filed incorrect information on another occasion within an 18-month period. The New Zealand Sports Tribunal dismissed the case, saying the first missed test should not be counted because reasonable steps were not taken to locate Mr Gemmell, namely telephoning him to let him know that an official was at his nominated location to test him.

But the CAS did not agree with the tribunal and Steel was pleased to have the procedures outlined for both anti-doping organisations and athletes.

"A telephone call to notify an athlete that a doping control official is present gives those who dope the time and opportunity to alter the integrity of their sample if they so choose. This goes against the very purpose of surprise testing."

CAS noted the case was not one of "an athlete deliberately trying to avoid or circumvent the testing regime", and imposed a lesser ban than the maximum allowable of two years due to mitigating circumstances.

Gemmell's 15-month period of ineligibility is backdated from February 12, 2014.