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. The Respondent filed a statement in his defence and he was heard for the Tribunal.
Respondent admitted the violation and gave evidence that due to using a supplement offered to him by a team-mate to help keep him awake on the final day of the three day tournament. He asked the team-mate what the drink was and was told the supplement name and that it had been bought in a health store over other supplements because it was on sale and cheaper. Respondent assumed it was an “energy drink” and safe to take and did not check the ingredients. However, unknown to him, the supplement contained the prohibited substance Methylhexaneamine. This particular supplement, and certain others containing Methylhexaneamine, are now banned from sale in New Zealand.
Respondent did shift work and usually slept at times some of the tournament matches were being played. He took the supplement several hours before the final and said he took it to counter the unusual sleep pattern caused by the shift work and took it solely for the purpose of “keeping his eyes open” and not to enhance his sports performance. However, during the hearing, he admitted he also took it to give him energy to play in the final.
The Tribunal ruled Respondent had not comfortably satisfied them that he did not take the supplement (containing the prohibited substance Methylhexaneamine) to enhance his sports performance. However, by a two to one majority, the Tribunal panel was comfortably satisfied he did not take Methylhexaneamine to enhance his sports performance and so was eligible for a lesser penalty than two years’ suspension.
There was a reasonable degree of fault. Respondent knew about the dangers of performance-enhancing drugs but made no enquiry when the supplement was given to him to drink. He took it immediately before an important match and this should have alerted him to check what he was taking. He has been drug tested previously and has had some drug education.
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 5 April 2012.
