Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against Respondent after he refused or failed to provide a sample for drug testing, or otherwise evade sample collection.
After notification on 27 July 2011 that he was selected for drug testing at an indoor training session the Respondent turned and started to walk away and said that his partner was waiting for him outside in her car and he had to tell her that he had to be drug tested. However Respondent steped into the car and drove off.
Respondent provided a sample when requested on a subsequent occasion, which showed no prohibited substances after it was tested.
The New Zealand Rugby Union (NZRU) notified the Respondent and ordered a provisional suspension. Respondent filed a statement in his defence and he was heard for the New Zealand Rugby Anti-Doping Tribunal.
The Respondent admitted the violation and explained his refusal. Due to he didn’t have a drivers licence therefore his partner had to drive him to the training. Also his son was in day care and had to be uplifted on time. Collection of their son was considered of greater importance as to provide a sample for drug testing. Respondent stated he was not aware of his obligation to undergo drug testing and wasn't aware of the implications of his refusal.
The Tribunal concludes that the Respondent failed to establish that he bore no significant fault or negligence. Therefore the New Zealand Rugby Anti-Doping Tribunal decides to impose a 2 year period of ineligibility on the Respondent, starting on the date of the provisional suspension, i.e. on 28 July 2011.
