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. After notification a provisional suspension was ordered. Respondent filed a statement in his defence and was heard for the Tribunal.
Respondent admitted the violation. He gave evidence that he left the championships the day before the match to be with family upon learning his grandmother had passed away and that he smoked Cannabis that night for comfort purposes. The Tribunal accepted he did not use the Cannabis for sports performance enhancing purposes.
The Tribunal took into account the bereavement and that when he smoked the Cannabis he had intended to go to his grandmother’s tangi and did not intend to return to the tournament.
However, there were aggravating circumstances including that he was a very experienced international player who admitted he was well aware of the anti-doping rules, including those concerning Cannabis, and who made a deliberate decision to return to participate fully in the competition knowing the night before he had smoked Cannabis and hoped he would not get caught. His team didn’t win but would have been disqualified if it had as a result of his violation.
Because the Touch season had finished the Tribunal considers it must have the power to impose a meaningful and effective sanction. Therefore the Sports Tribunal of New Zealand decides to impose a period of ineligibility starting from the date of the hearing on 29 June 2010 until 16 March 2011, when the next touch season is due to finish.
