Related case:
ST 2012_04 DFSNZ vs Nigel Cordes
October 12, 2012
On 12 October 2012 the Sports Tribunal of New Zealand decided to impose a 18 month period of ineligibility on the Respondent for committing an anti-doping rule violation after his sample tested positive for the prohibited substance 1-3 dimethylpentylamine (Methylhexaneamine).
Hereafter an allegation was made that Respondent participated in 12 cricket games between 3 November 2012 and 9 March 2013 while suspended for a period of 18 months from 15 August 2012.
Respondent admitted the violation but gave evidence it was unintentional. He hadn’t realised his suspension applied to any sport apart from powerlifting and that it stopped him playing cricket. He’d checked the Tribunal’s decision and the Rules before playing cricket to see if there was anything that stopped him playing but hadn’t understood that the Rules prevented him playing cricket while suspended.
The Tribunal thought Respondent was at fault. If he’d checked with Drug Free Sport or taken advice on the Rules, he would have been aware that playing cricket while suspended was a violation. Although the Rules are in technical terms, they are clear that for a suspended athlete to participate in an activity authorised or organised by any signatory of the WADA Code, or a club which is a member of that signatory, is a further violation.
In the particular circumstances of this case, the Tribunal rules Respondent was entitled to a reduction of penalty under the “no significant fault” rule. Therefore the Sports Tribunal of New Zealand decides to impose a 15 month period of ineligibility on the Respondent (instead of 18 months) starting on 9 March 2013.
