Facts
Drug Free Sport New Zealand (DFSNZ) alleged Andrew Ciancio, the athlete, for failing in providing his whereabouts and evasion for not giving the correct address were he was staying, he tampered with the sample collection by giving false and misleading information as to his whereabouts.
History
The DFSNZ had put the athlete into provisional suspension after the athlete failed to attend the hearing about his case. Several times the athlete failed in responding, he claimed to be awaiting the decision before the Court of Arbitration for Sports (CAS) for an appeal of the Australian Sports Anti-Doping Authority (ASADA). It is unusual to have an athlete subjected to anti-doping proceedings simultaneously in two jurisdictions. However the decision of CAS did not come and ASADA did not want to share their findings. The decisions of the tribunal was based on the existing material. The athlete had failed to bring in any evidence. He had claimed to work as a handyman on several locations for that reason his locations were incorrect.
In the meantime the CAS decision was made known which was a period of ineligibility lasting 7 years. The New Zealand violations occurred after that date. By this it is a second violation but also multiple violations, the first violation in Australia was for trafficking. Although now the hearing could determine if this case was a "lex mitior". As DFSNZ properly notes the orthodox position would be that the new rules would normally be applied but submits that the delay in this matter was in part because the athlete wanted to have the CAS proceedings determined before he had to deal with the New Zealand violations. The substantial delays related to the time taken by CAS to issue a final award. The tribunal wil apply the ruling of 2015.
Decision
The period of ineligibility will last 8 years starting from June 4, 2014.
