The story broke when Yosh Suzuki put out a press release yesterday stating James Stewart will in deed not be riding supercross or outdoor nationals in 2015. This 16 month suspension, which technically started on April 14, 2014 and will end August 15, 2015. This leaves two rounds to go in the outdoor season but we doubt he would ride just two rounds, but you never know. Yes it was a prescribed substance by a doctor and he could been using the drug if he had filled out paperwork and had it approved prior to being tested/caught using it. Did he knowingly take a banned substance or was it just plan ignorance? Is the punishment too harsh for a substance that was given to him by a doctor for a non-performance-enhancing reason?
In addition, JS was disqualified from the rounds he rode after he was tested and later found in violation. This will end up changing the final point tally for the 2014 Monster Energy Supercross Series.
Photo: Scott Hoffman
For a rider in his later years of his career, this ban could very well mean the end of his career. After taking a full year off, could the elder statesman in this sport bounce back and win again? Will Stewart try to find a series that is not backed by the AMA or the FIM and go race? Can he race the Canadian Nationals? Will he just be a rider coach at the races? According to Yosh Suzuki, Stewart will be at the opening of the Monster Energy Supercross for the team and for the fans. I doubt there will be riots or protests over this possible unjust act at A1, but the “Let Bubba Ride” shirts will probably be flying off the shelves starting today.
Photo: Scott Hoffman
Below is the official media release issued by the FIM:
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.
On 17 June, 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. Since then, Mr Stewart has been provisionally barred from participating in any competition. The case was referred to CDI and 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.
In consideration of Article 8.1.1 CAD and Article 3.3.2 of the FIM Disciplinary and Arbitration Code, Mr Stewart was heard by the CDI during a Hearing at the Best Western Hotel at Chavannes-de-Bogis, Switzerland, on 23 October 2014.
The CDI has now issued its decision. On the merits, the CDI found that it was undisputable that Mr Stewart had committed an anti-doping rule violation under Article 2.1 CAD which states in particular that “[i]t is each Rider’s personal duty to ensure that no Prohibited substance enters his or her body(…)”. The CDI further found that this was the first anti-doping rule violation recognised against Mr Stewart.
Taking into consideration all the evidence adduced, the CDI considered that, on the balance of probabilities, Mr Stewart had established how the prohibited substance had entered his body. Accordingly, the Judge was able to apply Article 10.5.2 of the CAD. Considering all the circumstances and having regard to Mr Stewart’s degree of fault and negligence, the CDI Single Judge came to the conclusion that the appropriate sanction to be imposed on Mr Stewart was a period of ineligibility of 16 (sixteen) months. The CDI further ruled that the period of ineligibility would commence on 12 April 2014 (date of the collection of the sample). Consequently, the period of ineligibility imposed on Mr. James Stewart will end on 11 August 2015 at midnight.
In accordance with Article 10.8 of the CAD, the CDI ruled that Mr Stewart is disqualified from all competitions in which he participated (including the four rounds of the 2014 national Lucas Oil AMA Pro Motocross Series) subsequent to the collection of the sample (12 April 2014) and all results he obtained in those competitions are cancelled with all the resulting consequences including forfeiture of any medals, points and prizes. The FIM will therefore modify the rankings of the 2014 Monster Energy AMA Supercross, an FIM World Championship, accordingly.
An appeal against the decision of the CDI may be lodged by the parties before the Court of Arbitration for Sport (CAS) in Lausanne (Switzerland) within 21 days of the date of receipt of the CDI decision pursuant to Article 13.6 of the 2014 FIM Anti-Doping Code.
The full reasoned decision was notified to Mr Stewart on 12 December 2014 and will be published on the FIM website in due course.
