In June 2004 the New Zealand Sports Drug Agency (NZSDA) and Cycling New Zealand Federation (Cycling NZ) have reported an anti-doping rule violation against the cyclist Stephen Collins after he refused to provide a sample to NZSDA.
After the notification the Athlete filed a statement in his defence and a decision was rendered by the Tribunal based on the parties submissions.
The Athlete explained that he was disillusioned with cycling in April 2004 and had informed Cycling NZ about his retirement. He expected that Cycling NZ would request NZSDA to remove him from the Sports Drug Testing Register. He also complained about the failure of Cycling NZ to comply with the two day time limit under the Rules.
Cycling NZ established that the Athlete was still registered as a member. It acknowledged that it had not forwarded the NZSDA’s notice of the determination of a drug infraction timely as required.
Cycling NZ accepted that the Athlete may have been upset and angry when he refused to provide a sample to NZSDA. Cycling NZ also recognises that whether the Athlete was full aware of the consequences of his refusal he might have been more co-operative to the doping control and he might have provided a sample.
The Tribunal considered whether Cycling NZ’s failure to provide the Athlete's with timely notice of the determination of the Board of the NZSDA has deprived him of an effective right of appeal or challenge to the NZSDA Board’s determination. The matters relied upon by the Athlete may be relevant, however, in mitigation of penalty, to the extent that the Tribunal has any discretion in that regard.
On 17 August 2004 the Sports Disputes Tribunal of New Zealand decides to impose a 2 year period of ineligibility on the Athlete starting on the date of the notification, i.e. on 11 June 2004.
In addition the Tribunal made some recommendations that might encourage national sports organisations and athletes who are covered by the Anti-Doping Rules to look closely at, and adhere to, their respective responsibilities under the anti-doping rules.
