ST 2010_21 DFSNZ vs Joshua Poasa

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 the notification a provisional suspension was ordered and Respondent was heard for the Tribunal.

Respondent admitted the violation at the hearing, stated he had made a mistake and expressed remorse. He, and a witness, gave evidence that after playing the last game of the season for his club, several players went to a house warming party where there were also players from other clubs and at the party he shared a Cannabis joint with a group of older players. There was some evidence suggesting he may have taken the Cannabis due to peer pressure. His evidence was that this use of Cannabis was the source of the positive test at the later representative match. The Tribunal accepted that the Cannabis was not used for performance enhancing purposes.

The Tribunal notes he was an 18 year old athlete who has made a mistake and there were some mitigating factors. However, there is the aggravating factor that the week before the party Respondent had attended a training camp during which he received formal anti-doping education, including information about Cannabis being a prohibited substance. At the date of the party, when he smoked Cannabis, he knew that Cannabis was a prohibited substance.
The Tribunal considers the mitigating factors equated with the aggravating factors.
Therefore the Sports Tribunal of New Zealand decides to impose a 4 month period of ineligibility on the Respondent starting on the date of the provisional suspension, i.e. on 18 November 2010 until 21 March 2011.

Original document

Parameters

Legal Source
National Decisions
Date
4 March 2011
Arbitrator
Cheatley, Ron
Paterson, Barry
Original Source
Sports Tribunal of New Zealand
Country
New Zealand
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Aggravating circumstances
Mitigating circumstances
No intention to enhance performance
Period of ineligibility
Sport/IFs
Rugby (WR) - World Rugby
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)
Various
Education
Out-of-competition use / Substances of Abuse
Document type
Pdf file
Date generated
6 November 2013
Date of last modification
12 September 2016
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