Related case:
ST 2008_13 DFSNZ Rodney Newman
November 5, 2008
On 5 November 2008 the Sports Tribunal of New Zealand decided to impose a 2 year period of ineligibility on the Athlete for the use of the prohibited substances Boldenone and Testosterone.
On 6 December 2011, the New Zealand District Court gave its decision finding that Respondent had imported prescription medicines and had in his possession prescription medicines, contrary to the Medicines Act.
The drugs that the District Court found Respondent imported and possessed included prohibited substances banned in sport under the World Anti-Doping (WADA) Code and formed the basis for some allegations against him that the Sports Tribunal was to hear.
After notification a provisional suspension was ordered and Respondent was heard for the Sports Tribunal.
Drug Free Sport New Zealand (DFSNZ) alleged that Respondent had committed five anti-doping violations. While Respondent admitted or accepted that most of the anti-doping allegations against him were established, he denied allegations of use or attempted use of prohibited substances.
However, the Tribunal found that the alleged anti-doping violations against Respondent had been proven to the required standard. These five violations were:
1.) Participating in sporting activity (by coaching at the Auckland Powerlifting Championships on 8 May 2010) in breach of the two year suspension imposed by the Tribunal in November 2008.
2.) Failing to submit to sample collection without compelling justification on 18 May 2010.
3.) On 1 October 2009, being in possession of various prohibited substances including mesterolone, stanozolol, testosterone, oxymetholone, methandienone, oxandrolone, and prasterone.
4.) At various times between 27 October 2006 and 1 October 2009, being in possession of various prohibited substances.
5.) Using or attempting to use prohibited substances at various times between 27 October 2006 and 1 October 2009.
DFSNZ submitted that there were aggravating circumstances including possession and use of a large quantity of performance enhancing drugs, over a long period of time while competing at a national level in a sport, giving him a direct advantage which he deliberately sought.
DFSNZ further submitted that his conduct showed a flagrant disregard for the illegalities involved in what he did and was undertaken in a manner designed to deliberately conceal his conduct. The Sports Tribunal of New Zealand agrees that there were aggravating circumstances of this nature.
The Tribunal finds that the alleged anti-doping violations against Respondent had been proven to the required standard. Therefore the Sports Tribunal of New Zealand decides to impose a lifetime ban on Respondent.
