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 1-3 dimethylpentylamine (Methylhexaneamine). After the notification a provisional suspension was ordered. Respondent filed a statement in his defence and was heard for the Tribunal.
Respondent admitted the violation and gave evidence that the violation was due to him taking two supplements which he bought online. He did not investigate the ingredients of the products other than referring to their labels. He believed they were energy drinks, containing Caffeine and Creatine, that would help him get over being tired from his job and give him energy to train. He was aware of athletes in other sports who took one of the products and assumed both products were safe to take. At the hearing, he gave evidence and acknowledged that the ingredient lists for both products listed Methylhexaneamine but stated he had not been aware Methylhexaneamine was prohibited.
The Tribunal accepts, by a narrow margin, that he had established he had not intended to enhance sports performance but was focused on overcoming work tiredness. The Tribunal takes into account in mitigation that: he was upfront in his declaration at the time of testing that he had been taking one of the products; that the work factor which motivated him into taking the supplements was extraneous to his swimming activities; and that he admitted the violation and accepted he was wrong to rely on informal assurances rather than making a proper enquiry.
Therefore the Sports Tribunal of New Zealand decides to impose a 12 month period of ineligibility on the Respondent starting on the date of the provisional suspension, i.e. on 14 December 2011.
