FROM BY KYLIE PALMER, AUSTRALIAN SWIMMER
MEDIA RELEASE BY KYLIE PALMER, AUSTRALIAN SWIMMER, December 23, 2015: Kylie Palmer welcomes the decision by the World Anti Doping Authority (WADA) not to appeal the decision of the FINA Doping Panel handed down on 14 September 2015 to impose only a warning and a reprimand in respect of the anti-doping rule violation that arose from the sample she provided at the FINA World Championships in Barcelona on 31 July 2013.
Kylie said, "I am so relieved this is now over and I can try to put it all behind me. It really has been very difficult to deal with the uncertainty of the situation. I am grateful that WADA have confirmed that it will not appeal the FINA Doping Panel's decision and I can continue in my preparations for the Olympic qualifiers next year."
Kylie was first informed in April 2015 that her sample provided on 31 July 2013 in Barcelona contained minute traces of a banned diuretic, furosemide. Testing on samples provided by Kylie shortly prior to and immediately after 31 July 2013 did not identify the presence of the banned substance and Kylie still has no idea how the prohibited substance came to be in the 31 July 2013 sample, despite a thorough investigation undertaken by her and her lawyers.
"I don't think I will ever know how this arose, which is frustrating. But I remain very supportive of the efforts of the swimming authorities to do everything they can to maintain a clean sport", Kylie said. Kylie thanked her family and close friends for their constant support over the past 12 months. "There have been some testing times, particularly when I was forced to miss the World Championships in Kazan in August 2015, but I have had great support throughout from lots of people - my family, friends, team members, the Australian Swimmers Association and my sponsor, Vorgee." In the reasons for the FINA Doping Panel's decision (which were handed down on 11 November 2015) the FINA Doping Panel said the "unique circumstances" of the case justified a reprimand and no period of ineligibility being imposed. The FINA Doping Panel found that the WADA Code recognised that there are many substances such as furosemide which can result in an unintended anti-doping rule violation and therefore call for some leniency. The FINA Doping Panel found that the circumstances of this case, which involved the delay in notifying Kylie of the positive test, potentially hindered her ability to discover the cause of her positive test.
Kylie was represented throughout the matter by Melbourne lawyers Ben Ihle, barrister, and Stephen Meade, partner of K&L Gates who prepared the material submitted on her behalf to the FINA Doping Panel. Meade said, "We are very pleased at this outcome, probably the best result that Kylie
could have hoped for in the circumstances. Kylie is an outstanding person and we just hope she can achieve great results in the Australian Olympic qualifying events and in Rio after that".
Meade said the case was a stark reminder that the WADA Code imposed obligations on all participants in the anti-doping process, not just athletes. "The decision of the FINA Doping Panel made it clear that the delay in notifying Kylie of the positive test should not have occurred and was a major
factor in the decision to impose a reprimand only. Obviously the fact that proximate testing on Kylie's samples – both before and after 31 July 2015 – showed up negative was a huge factor in Kylie's favour", Meade said.
Meade said, "The decision affirms the importance of timely notification to the athlete of a positive test. We know the WADA Code imposes strict obligations on athletes, and rightly so, given the importance of integrity to all sports. But this case recognises that sports administrators also carry the burden of strict compliance with the Code so that athletes can investigate and rely on the defences available under the Code in very limited circumstances".