ST 2009_02 DFSNZ vs Aaron Neemia

Related case:
SDT 2006_08 Softball New Zealand vs Aaron Neemia
April 7, 2006

Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Cannabis.
This was Respondent’s second anti-doping violation. On the first occasion, on 7 April 2006, he was reprimanded and warned that if he were to offend again he would face an automatic suspension of 2 years. Because the WADA Code has changed the Tribunal has a discretion in this case to impose a period of suspension between one and four years.

After notification a provisional suspension was ordered and Respondent was heard for the Tribunal. Respondent admitted the violation. The Tribunal accepted evidence that the Cannabis was taken at the suggestion of a friend to help him sleep and help with pain relief for a knee injury and was not used with the intention of enhancing his sports performance.

The Tribunal did not consider that there were any mitigating factors. Taking Cannabis for pain relief or to help sleep is not a mitigating factor. There were aggravating factors in that Respondent is an international player who is expected to set an example to other players, particularly younger players. Despite a strong warning from the Tribunal less than three years ago, he was prepared to smoke Cannabis again just two or three days before a national final.

Therefore he Sports Tribunal of New Zealand decides to impose a 18 month period of ineligibility on the Respondent, starting on the date of the provisional suspension, i.e. on 30 March 2009.

Original document

Parameters

Legal Source
National Decisions
Date
12 June 2009
Arbitrator
Cheatley, Ron
Paterson, Barry
Quirk, Carol
Original Source
Sports Tribunal of New Zealand
Country
New Zealand
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Aggravating circumstances
No intention to enhance performance
Period of ineligibility
Reprimand / warning
Second violation
WADA Code, Guidelines, Protocols, Rules & Regulations
Sport/IFs
Baseball-Softball (WBSC) - World Baseball-Softball Confederation
Other organisations
Drug Free Sport New Zealand (DFSNZ)
Laboratories
Sydney, Australia: Australian Sports Drug Testing Laboratory (ASDTL) - Sydney (AUS)
Doping classes
S8. Cannabinoids
Substances
Cannabis (THC)
Medical terms
Physical injury
Document type
Pdf file
Date generated
1 November 2013
Date of last modification
12 September 2016
Category
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  • Education
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  • Language
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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Origin