LAUSANNE – The Court of Arbitration for Sport (CAS) decided that German national player Florian Busch will be suspended for two years after refusing an out-of-competition doping test.
The arbitrators, chaired by Dr Michael Geistlinger (Austria), were asked to decide about the case after an appeal by the World Anti-Doping Agency (WADA).
Busch, who plays with Eisbären Berlin and the German national team, refused to submit an out-of-competition sample collection on March 6, 2008, and sent the National Anti-Doping Agency (NADA) doping control officer, who appeared in an “unpleasant moment” according to Busch, away after a lengthy discussion.
The 24-year-old changed his mind later but NADA refused another test as it wouldn’t fulfil the character of an unannounced test. Four-and-a-half hours later, the same doping control officer performed a doping test ordered by the German Ice Hockey Association (DEB), which did not show any prohibited substances or methods.
NADA demanded a two-year suspension but a DEB Missed Test Policy Committee together with an ad-hoc Court of Arbitration of the German Olympic Committee sentenced a public warning, a fine of €5,000 and 56 hours of community work as youth coach for beginners.
After the decision, Busch also played in the 2008 IIHF World Championship in Canada.
The case ended at the CAS in Lausanne which supported the plaintiff and suspended Busch for refusing the test for two years from international and national play in ice hockey and inline hockey. The CAS also stated that a reduction of the period of ineligibility is not possible according to the WADA Code as it only covers the issue of failing to submit a sample collection but not a refusal.
The date of the suspension shall start with the hearing. The CAS credits two months served because he did not play in the 2009 IIHF World Championship and because he served the original sentence by the DEB.
The period of ineligibility will therefore end at midnight on February 21, 2011. Busch was also ordered to contribute 3,000 Swiss Francs to the costs incurred by WADA.