The New Zealand Sports Drug Agency (NZSD) and the New Zealand Rugby League (NZRL) have reported an anti-doping rule violation against the Athlete after he failed to provide a sample for testing by NZSD. After notification by the NZRL a provisional suspension was ordered and the Athlete was heard for the Tribunal.
After initially failing to provide a sample (by discarding a sample down a toilet during the sampling process), the Athlete left the drug control room but returned a few minutes later. He provided a second sample which proved negative on analysis.
The Tribunal holds that a failure to provide a sample would be sanctioned severely when this sample returned with a positive result. The Tribunal finds that, although the initial refusal to provide a sample was a clear breach of the anti-doping code, there were truly exceptional circumstances which justifies the imposition of reduced sanction.
The Sports Disputes Tribunal of New Zealand decides on 6 May 2005 to impose a 1 year period of ineligibility on the Athlete starting on 18 November 2004.
