Related cases:
ST 2010_19 DFSNZ vs Adam Stewart
September 8, 2010
ST 2010_19 DFSNZ vs Adam Stewart – Decision on Application
February 16, 2011
On 8 September 2010 the Sports Tribunal of New Zealand decided to impose a 2 year period of ineligibility on the Respondent for attempted use, and possession, of prohibited substances (EPO and hCG). That sanction was imposed under the provisions of rule 14.2 of the Sports Anti-Doping Rules (2010).
Bike New Zealand is bringing the matter whether Tribunal had jurisdiction to consider application to disqualify athlete’s competition results under rule 14.8 of Sports Anti-Doping Rules.
Bike NZ takes the position that it is not for this Tribunal to determine which of Respondent’s results are to be disqualified as that is a matter for Union Cycliste Internationale (UCI) to determine. The issue therefore is whether this Tribunal or UCI should consider the application of rule 14.8.
After deliberations the Tribunal decides that it does have jurisdiction to consider the consequences under rule 14.8.
Therefore Respondent is given until 17 December 2010 to make written submissions on the application of rule 14.8 to Respondent’s results before the period of Ineligibility began.
