The New Zealand Sports Drug Agency (NZSD) and the New Zealand Olympic Wrestling Union (WNZ) have reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Terbutaline.
The Tribunal noted that the Respondent has been an asthmatic from childhood, and used Terbutaline for legitimate medical purposes (rather than to enhance performance). There is no suggestion that Respondent is a drug cheat, but the Tribunal considered that an athlete must take responsibility for his actions in using a substance banned under the World Anti Doping Code 2004 Prohibited List.
The use of Terbutaline is permitted provided a Therapeutic Use Exemption (TUE) has been granted by the NZSDA. After he tested positive the Respondent obtained a TUE. NZSDA acknowledged through its Counsel that “the violation was more a technical breach of the rules rather than any deliberate flouting of them”. It ruled that it had no jurisdiction to consider a retroactive approval which NZSDA sought as a first line of defence.
Under its anti-Doping policy WNZ referred the case to the Tribunal for the imposition of a penalty, and initially asked for sanctions which included a ban from competition. It altered its stance when the athlete’s medical background was clarified. WNZ acknowledged that it could have done more to inform the Respondent of his obligations and rights to a TUE under the new anti-Doping regime which applied from 1 January 2004.
The New Zealand Sports Disputes Tribunal decides to issue a reprimand, and rules that the Respondent should pay costs, after he tested positive to the use of Terbutaline.
Respondent will be required to remain on the Drug Register for Out of Competition testing for a period of two years.
