UK Anti-Doping v David Foggin-Johnston

A decision in the case of UK Anti-Doping (UKAD) against David Foggin-Johnston has been issued by the National Anti-Doping Panel (NADP).

On 11 October 2023, Mr David Foggin-Johnston was notified by UKAD that he may have committed Anti-Doping Rule Violations (ADRVs) for Presence of a Prohibited Substance in a Sample taken on 27 August 2023, cocaine and its Metabolite benzoylecgonine, and Use of the same Prohibited Substance. This notification further mentioned that he was provisionally suspended. On 19 October 2023, Mr Foggin-Johnston informed UKAD of his intention to admit the ADRV and make a submission in mitigation of the sanction by explaining the circumstances surrounding his ADRV.

On 04 December 2023, UKAD formally issued Mr Foggin-Johnston with a Notice of Charge for committing the ADRVs pursuant to the Anti-Doping Rules (ADR) Articles 2.1 and 2.2. The National Anti-Doping Tribunal, comprised of William Norris KC (Chair), Dr Tim Rogers and Jennifer McLoughlin, who were appointed to determine this matter. As Mr Foggin-Johnston had admitted the ADRV in relation to ADR Article 2.1. The issue before the Tribunal was to determine the period of Ineligibility for a non-Specified Substance under ADR Article 10.2.4, whether the ingestion or Use (ADR Article 2.2) of cocaine occurred Out-of-Competition, and that it was unrelated to sport performance.

Mr Foggin-Johnston stated that he did not consume cocaine prior to the test on 27 August 2024 and his Use of the substance was Out-of-Competition. UKAD disagreed with this position as they deemed Mr Foggin-Johnston’s Use occurred In-Competition to which they corroborated with independent scientific expert evidence.

The Tribunal determined that Mr Foggin-Johnston’s consumed cocaine during the In-Competition period and accepted the accuracy of scientific evidence placed before them. Also, in relation to ADR Article 10.2.4(b) Mr Foggin-Johnston’s Use of cocaine In-Competition was in a context unrelated to sport performance, recreational and was eligible for a reduction to the mandatory four year period of Ineligibility for a non-Specified Substance.

Accordingly, the Tribunal was satisfied as Mr Foggin-Johnston had admitted he had committed the ADRV pursuant to ADR Article 2.1, and in relation to ADR Article 2.2, deemed the Use was In-Competition but recreational, and therefore not intentional for the purposes of ADR Article 10.2.4(b) and imposed a period of Ineligibility of two years. Given that Mr Foggin-Johnston had been subject to a Provisional Suspension since 11 October 2023 and there was no evidence that he had not observed the Provisional Suspension, the two year period of Ineligibility was set to run from 11 October 2023 and end at midnight 10 October 2025.  

A copy of the full decision can be accessed via the related links tab on the right-hand side.

The National Anti-Doping Panel is the United Kingdom’s independent tribunal responsible for adjudicating anti-doping disputes in sport. It is operated by Sport Resolutions and is entirely independent of UK Anti-Doping who is responsible for investigating, charging, and prosecuting cases before the NADP.