An analysis of the recent UKAD v David Foggin-Johnston case
In a recent decision by the National Anti-Doping Panel, professional rugby league player David Foggin-Johnston was given a two-year ban from sport following Anti-Doping Rule Violations (ADRVs) for the Presence and Use of cocaine. This article delves into the details of the case, examining the charges, proceedings and key takeaways.
Background
Mr Foggin-Johnston has played rugby league professionally for many years. However, his sporting career faced a significant setback when he tested positive for cocaine and its metabolite benzoylecgonine after a match for the Bradford Bulls on 27 August 2023.
Charges and proceedings
The RFL has adopted the UK Anti-Doping Rules (UK ADR) pursuant to its Operational Rules, with the most recent version coming into force on 1 January 2021. Under the UK ADR Mr Foggin-Johnston faced two charges:
- Presence of a Prohibited Substance under Article 2.1: Cocaine and its metabolite benzoylecgonine were found in his Sample.
- Use of a Prohibited Substance under Article 2.2: Allegations that he used cocaine during the In-Competition period.
The pivotal question in dispute: When did Mr Foggin-Johnston last take cocaine?
Mr Foggin-Johnston admitted that he had taken cocaine and, given the impact on sanction, the question quickly became – “when did Mr Foggin-Johnston last take cocaine?” UKAD did not accept Mr Foggin-Johnston’s account of the date/time of ingestion.
This was important because the UK ADR provide for various lengths of bans for athletes who have committed an Anti-Doping Rule Violation pertaining to cocaine depending on when the ingestion took place.
Under the WADA 2023 Prohibited List (the list of banned substances at the time of his test) cocaine was listed as a Substance of Abuse that is prohibited when its presence is detected by a test taking place In-Competition.
Substances of Abuse include cocaine, heroin, MDMA and THC and are substances that are often associated with addiction and abuse in society, rather than necessarily providing a sporting advantage.
In-Competition is a defined term within the UK ADR and is defined as: “The period commencing at 11:59 p.m. on the day before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition […]”
As Mr Foggin-Johnston’s test took place immediately after a match, the test fell within the “In-Competition” period.
The potential sanctions
- Short-term: If Mr Foggin-Johnston last took cocaine on or before 23:58.59 the night before his match and its use was unrelated to sport performance, then he would face a 3-month ban, potentially reduced to 1 month if he completed a treatment programme under Article 10.2.4(a).
- Medium-term: If Mr Foggin-Johnston last took cocaine on or after 23:59 the night before his match and its use was unrelated to sport performance, then he would potentially face a 2-year ban under Articles 10.2.2 and 10.2.4(b) (subject to any mitigation such as his degree of fault and / or negligence).
- Long-term: If Mr Foggin-Johnston last took cocaine on or after 23:59 the night before his match and its use was related to sport performance, then he would potentially face a 4-year ban under Article 10.2.1(a) (subject to any mitigation such as his prompt admission, degree of fault and / or negligence).
Mr Foggin-Johnston eventually argued that he last took cocaine between 23:00-24:00 the night before his test in a social setting unrelated to sport. Accordingly, he argued he should only receive a ban of 3 months, potentially reduced to 1 month.
However, the concentrations of cocaine and its metabolite benzoylecgonine found in his sample were particularly high. The World Anti-Doping Agency Guidance Note in respect of In-Competition use sets out the concentrations that are most likely to indicate In-Competition use. In this instance Mr Foggin-Johnston’s Sample was 140 times over the WADA indicative limit of In-Competition use for cocaine.
Furthermore, UKAD instructed a renowned scientific expert to investigate his explanation. The expert’s analysis indicated that the levels of cocaine in Mr Foggin-Johnston’s system suggested use during the In-Competition period, despite his claims to the contrary.
Decision
The National Anti-Doping Panel concluded that Mr Foggin-Johnston likely used cocaine during the In-Competition period, but in a context unrelated to sport and imposed a two-year ban. Taking into account his provisional suspension, he is able to return to training on 11 August 2025 under Article 10.14.4(b) and back to competitive sport on 11 October 2025.
Key takeaways for athletes
1. Understand the Anti-Doping Rules: Athletes must be fully aware of the Anti-Doping Rules and their responsibilities, including what substances are prohibited and the definitions of terms like In-Competition.
2. Consequences of substance use: Using prohibited substances, even socially, can result in significant bans from sport. The severity of the ban can vary based on what the substance was, when the substance was used and its relation to sport performance.
3. High standards of proof: National Anti-Doping Organisations such as UKAD use scientific analysis to determine the timing and context of substance use. High concentrations of prohibited substances can strongly indicate recent use, potentially impacting the length of the ban.
4. Support systems: Athletes should seek support and education on anti-doping rules and the risks associated with substance use. This includes understanding the potential for addiction and abuse of certain substances.
How Mills & Reeve can support you
At Mills & Reeve, we understand the complexities and challenges that come with navigating anti-doping regulations. Our team of experienced legal professionals is here to provide comprehensive support and guidance to athletes, sports organisations and other stakeholders. If you have any questions, please don't hesitate to get in contact.