Related cases:
SDT 2004_14 New Zealand Rugby League vs Vince Whare
February 17, 2005
SDT 2006_19 New Zealand Rugby League vs Vince Whare
November 28, 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. After notification a provisional suspension was ordered. Respondent filed a statement in his defence and was heard for the Tribunal.
In 2005, Respondent was warned and fined by the Tribunal for testing positive to Cannabis after a match. In 2006, Respondent appeared before the Tribunal on a similar violation involving Cannabis and the Tribunal suspended him from sport for two years. That suspension ended in 2008. On each occasion, the Tribunal warned him of the likely penalty if he offended again.
Respondent admitted the third violation. He and a witness provided evidence which satisfied the Tribunal that he smoked Cannabis socially, and not with the intention of enhancing his sports performance.
The Tribunal assessed Respondent’s degree of fault. The breach was inexcusable but the Tribunal took into account all the circumstances of the case (including his deliberate breaching of the rules despite previous warnings, his personal circumstances including the effect of suspension, and the nature of Cannabis and its social use). The Tribunal rules that a penalty greater than the minimum of 8 years’ suspension but less than the maximum lifetime
ban met the intent of the Rules.
Therefore the Sports Tribunal of New Zealand decides to impose a 10 year period of ineligibility on the Respondent starting on the date of the provisional suspension, i.e. on 10 October 2010.
