Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substances 1-phenylbutan-2-amine (PBA., metabolite of DEBEA) and N,α-diethyl-benzeneethanamine (DEBEA). After notification a provisional suspension was ordered and Respondent was heard fort the Tribunal.
Respondent admitted the violation and stated he had been using a dietary supplement in order to lose weight and had taken two capsules five days before being tested. The supplement didn’t list any prohibited substances on its label. After testing positive, Respondent engaged a forensic analyst to test the product. She gave evidence that her analysis confirmed the presence of prohibited substances in the product and the analytical findings were consistent with his evidence of when he took the capsules. The Tribunal was satisfied that the source of Respondent’s positive test was the supplement. The Tribunal accepted the evidence that Respondent took the supplement in order to lose weight. The Tribunal was satisfied that his taking of the two capsules five days before the cricket game was without any intent at all to enhance his sports performance in the game.
When he received the product he noticed it contained a warning on its label stating it may contain ingredients banned by certain organisations. He made internet searches on two of the ingredients but didn’t contact Drug Free Sport to check about the product even though the product contained a warning. The Tribunal concludes that the failure to contact Drug Free Sport, having seen the warning on the label, is the most substantial factor of fault on the part of Respondent.
Therefore the Sports Tribunal of New Zealand decides to impose a 6 month period of ineligibility on the Respondent starting on the date of the provisional suspension, i.e. on 19 April 2013.
