On December 9, 2000 the Disciplinairy Court for Motorsports in the Netherlands decided that the request of the Dutch ASN to ininiate a doping case against a rallycross driver was groundless. The Dutch ASN accused the driver of having used doping at the Dutch round of the EC rallycross.
The court ruled, however, that the driver could not be accused because no doping list with banned substances was ever published by the Dutch ASN.
The driver was fully released without imposing any sanction. The court ruled that the driver acted in good faith and could not be aware that the use of medication to lower his blood pressure as prescribed by his cardiologist could lead to a positive result of the doping test.
Motorsportlaw.org is of the opinion that the Dutch ASN acted in bad faith. The court proceedings prove that the Dutch ASN knew beforehand that the case would fail.
Motorsportlaw.org concludes therefore that they just wanted to have a showcase to prove to the government (as provider of subsidies for doping controls) that they are serious in doping matters. This case proves that the contrary is true.
The integrity of a driver is apparently worth nothing...
Motorsportlaw.org will continue to monitor carefully the use of the doping rules by the ASN's, and most notably the Dutch ASN.
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