The case of Shoaib Akhtar may be taken first. He claims that his high protein intake over the years has caused endogenous production of 19-Norandrosterone in his system well above the prescribed limit of 2.00 ng/ml. The medical experts who have appeared before us have stated categorically that levels of this metabolite as high as the level found in Shoaib Akhtar's urine sample viz 14.06 ng/ml are not possible to be produced endogenously. WADA's list of prohibited substances states as under:-
"For 19-Norandrosterone an adverse analytical finding reported by a laboratory is considered to be scientific and valid proof of exogenous origin of the prohibited substance. In such case no further investigation is necessary."
All the medical literature made available to us, as also the very valuable medical input and knowledge of one of our members, confirms the above. We may however state that there is a urine test known as GC-C-IRMS which can determine whether or not the given levels of the metabolite have been produced endogenously or otherwise. We offered this test to Shoaib Akhtar but he declined to take the same.
28. We asked Shoaib Akhtar whether he can specify the vitamins that he had been taking. He replied in the negative. We asked him who had prescribed the herbal medicines that he had been taking. He said that he had been getting them from his friends. During closing arguments, as also earlier, Dr. Nouman Niaz stated on his behalf that he had been taking “kushta' and also various "off the cuff medicines" without specifying which medicines or who had prescribed them.
29. Mr. Shoaib Akhtar confirmed that he had been tested on two previous occasions, once before the 2003 World Cup by the PCB and once in August 2004 by the ICC (both these tests were negative for any banned substance) but claimed that he was neither aware of the list of banned substances or that nandrolone was a steroid and a banned substance. When asked which nutritional supplements he had been taking during the last six months, his answer was T-BOMB II, Promax-50 and Viper and that he had obtained these supplements from Fleximuscle, London and from his friends. He stated that he had never informed the Team Coach or the Team Physiotherapist or the PCB Medical Advisor about the supplements, vitamins and herbal medicines that he had been taking because they have never asked him and none of them were banned items. He claimed that he had never seen the two publications viz 2006 list of prohibited substances published by WADA or WADA's Athlete Guide which, according to the ADCO and the Team Physiotherapist, were given to the players prior to the England tour in August 2006. He stated that he had never been warned or advised by the PCB or any of its staff about the Anti Doping Regulations. When asked whether he had taken the advice of any medical practitioner with regard to the supplements, vitamins and herbal medicines he replied in the negative and said that he had been taking them on the basis of “general wisdom” based on his contacts with friends and others and that he had never consulted even Dr. Nouman Niaz who had accompanied him to the hearing. He said that he had taken all the above because they were good for him.
30. When confronted with the Central Contract signed by all the players (which contains specific clauses with regard to doping, etc) he said that he had not signed current year's contract but admitted that he had signed the contract for the year 2004-05. He claimed however that he had not read the said contract. When asked finally whether he was himself not responsible for whatever supplements, etc he had taken, he said that they were not banned substances and I could not know their effects.
31. During the final arguments Dr. Nouman Niaz admitted that Shoaib Akhtar had been taking the supplements injudiciously and ill-advisedly because he had absolutely no educational background about their possible adverse effects and also because no PCB doctor was available to advise about these substances. He stated it was case of no fault or negligence on the part of Shoaib Akhtar.
32. Shoaib Akhtar has been playing for Pakistan for the last 10 years. He was tested on 2 previous occasions once by the PCB prior to the 2003 World Cup and once by the ICC in August 2004. The ADCO Dr. Sohail Saleem has stated before us that in 2002 instructions about the Anti Doping Regulations, drafted in Urdu by Dr. Meesaq Rizvi, were distributed to each player. It is confirmed from Shoaib Akhtar's signatures on the attendance sheet that he was present at a lecture given to all the players about anti doping awareness on 31.10.2002. Unlike other players Shoaib Akhtar did not sign PCB's Central Contract because he was not prepared to accept the conditions with regard to sponsorship, advertising, etc. It is, therefore, difficult to accept that he did not read the contract signed by him for the year 2004-05 which like the one for 2005-06 specifically obliges the players not to indulge in taking prohibited substances including, amongst others, drugs, intoxicants, anabolic steroids, and records that the cricketer will have to take doping tests whenever asked to do so by either the PCB or the ICC.
33. We have seen the available literature in respect of the nutritional supplements viz T-BOMB II, Promax-50 and Viper admittedly taken by Shoaib Akhtar during the last six months. None of their ingredients can produce or explain the elevated level of 19- Norandrosterone in his adverse test result.
34. Dr. Nouman Niaz has argued before us that market survey conducted in some western countries found presence of contamination in as much as 20% of the nutritional supplements available in the market, and the elevated level of the nandrolone metabolite in Shoaib Akhtar's sample may well be the result of inadvertent use of such contaminated supplements. One of the medical experts who assisted our deliberations stated that there is a 'grey' area when the elevated level is between 2 and 20. He said that the question whether the level of 14.06 ng/ml in Shoaib Akhtar's urine sample had been produced endogenously by a prolonged ingestion of high protein diet, vigorous exercise and nutritional supplements could be determined through a GC-C-IRMS test but, as already noted, Shoaib Akhtar declined this test.
35. We are not entirely satisfied with the manner in which PCB has advised and cautioned its players with regard to prohibited substances, the adverse effects of their use and the Anti Doping Regulations. We have found much “passing of the buck” between the various PCB officials who have appeared before us. We are firmly of the view that PCB needs to have a qualified and experienced sports doctor whenever the team is on tour abroad. We are also of the view that periodic guidance should be provided to the players about their diet, nutritional supplements, prohibited substances and the Anti Doping Regulations and there should be clear cut responsibility as to who is to perform these various tasks and when.
36. Our above observations do not, however, affect our judgment that Shoaib Akhtar has been unable to establish that he did not know or suspect and could not reasonably have known or suspected that he had been using prohibited substances. None of the supplements being used by Shoaib Akhtar were offered to us for getting them analyzed for possible contamination. Shoaib Akhtar was, by his own admission, prone to injury and constantly consulting his own doctors. It is the admitted position that his personal physician Dr. Touseef Razzaq was allowed to go with him on foreign tours. He cannot possibly claim that he exercised utmost caution in this matter. He could and should have consulted his doctors. In fact we find it difficult to believe that he did not do so. In the totality of the circumstances we are not convinced that there was no fault or negligence on the part of Shoaib Akhtar or even no significant fault or negligence. We hold that he has committed a doping offence as defined in clause 4.1 of the PCB Anti Doping Regulations. There are no mitigating circumstances which would justify the imposition of a sanction less than the minimum prescribed namely a ban of two years. Consequently in accordance with clause 7.1 read with clause 8.1 of the PCB Anti Doping Regulations we impose the following bans on Shoaib Akhtar for a period of two years commencing 15th October 2006 viz the date on which he was suspended by the PCB:-