Smith and Anti-Doping Rule Violation Panel

This matter concerned an application by Mr Smith to review decisions made by the Anti-Doping Rule Violation Panel (the Panel) to assert possible anti-doping rule violations against him. The alleged violations related to the possible use of a prohibited substance, LGD-4033, and the possible presence of that substance and its metabolite in a urine sample collected from Mr Smith in May 2018. The court was required to determine whether the National Anti-Doping (NAD) Scheme applied to Mr Smith at the time the sample was collected.

The central legal issue was whether Mr Smith was "a person who competes in sport" for the purposes of the NAD Scheme at the relevant time. The NAD Scheme applies to persons who compete in sport if that sport has an anti-doping policy. Athletics, the sport in question, has such a policy. The court had to consider Mr Smith's competitive history, his registration status, and his intention regarding future competition.

The court reasoned that Mr Smith had ceased competing in athletics events in approximately September 2016 and had retired from the sport immediately after an event in March 2018. He had not registered as an athlete for the 2017/2018 season, and the court accepted his evidence that he had not competed for approximately eighteen months prior to March 2018 due to injury and had not authorised any registration on his behalf. Therefore, at the time his urine sample was collected in May 2018, Mr Smith was not considered "a person who competes in sport" to whom the NAD Scheme applied.

Consequently, the court set aside both assertions made by the Panel and, in substitution, decided not to make any assertion in relation to Mr Smith.