Below is a release from the FIM regarding its decision to uphold its 16-month suspension on Yoshimura Suzuki’s James Stewart. Yesterday, the Suzuki team issued a release that the FIM had denied Stewart’s appeal:
In the dispute James Stewart, Jr. vs Fe´de´ration Internationale de Motocyclisme (FIM), the FIM has been advised by the Court of Arbitration for Sport (CAS) that the Panel appointed to hear the appeal filed by Mr James Stewart, Jr. against the decision of the FIM International Disciplinary Court (CDI) in first instance of 12 December 2014 has confirmed the 16 (sixteen) month period of ineligibility imposed on Mr James Stewart, Jr., commencing on 12 April 2014.
The Hearing was held at the CAS headquarters in Lausanne (Switzerland) on 30 March 2015 in presence of the parties. The FIM was defended and represented by its Legal Director, Mr Richard Perret.
On 12 April 2014, Mr James Stewart, Jr. underwent an anti-doping test conducted by the FIM at the round of the Monster Energy AMA Supercross, an FIM World Championship, held at the Century Link Field, Seattle, Washington. The urine sample obtained from Mr Stewart revealed the presence of a prohibited substance (amphetamine) listed in the category S6. Stimulant under a) Non-specified Stimulants and prohibited in competition under the FIM Anti-doping Code (CAD) in force. At the moment of the test, Mr Stewart was not in a possession of any Therapeutic Use Exemption (TUE) for that substance.
On 17 June 2014, in accordance with Article 7.6.1 CAD, the FIM provisionally suspended Mr Stewart with effect from 20 June pending the CDI’s decision adjudicating on the merits of the case. Mr Anand Sashidharan of India was appointed by the Director of the International Commission of Judges (CJI) as CDI Single Judge to hear the case. Mr Stewart was heard by the CDI during a Hearing near Mies (Switzerland) on 23 October 2014.
On the merits, the CAS Panel found, as did the CDI, that Mr Stewart had indisputably committed an anti-doping rule violation under the CAD. Considering all the circumstances and all the evidence adduced, having regard to Mr Stewart’s degree of fault, the CAS Panel came to the conclusion that the period of ineligibility of 16 (sixteen) months imposed by the CDI was a fair and appropriate sanction.
The CAS Panel, while noting that Mr James Stewart, Jr. “did not take any precautions whatsoever” to avoid the anti-doping rule violation, described the attitude of Mr James Stewart, Jr. towards the FIM Anti-doping Code (CAD) as being “one of reckless disregard”.
The CAS Panel stressed that the sanction imposed by the CDI Single Judge was determined “after a rigorous examination of all material before it” and that the CDI handed down a “closely reasoned decision”
?The CAS Panel has not recognised any inordinate delays in the proceedings whether in the first instance before the CDI or in second instance before the CAS.
The CAS Panel also upheld the FIM CDI’s decision with respect to the disqualifications imposed on Mr. Stewart. However, with respect to the disqualifications of Mr James Stewart, Jr from the four rounds of the 2014 national Lucas Oil AMA Pro Motocross Series in which he participated while provisionally suspended, the CAS Panel held that, while these “stand”, they have effect only so far as the FIM has jurisdiction or as so far as other authorities recognise these disqualifications.
The period of ineligibility of 16 (sixteen) months imposed on Mr. James Stewart will end on 11 August 2015 at midnight.
The FIM will publish the CAS Award on its website in due time.
