Facts
Drug Free Sport New Zealand (DFSNZ) alleged Damon Tafatu, the athlete, for a violation of the Anti-Doping Rules. During a match on November 3, 2012, a sample was taken for doping test purposes. Analysis of the sample showed the presence of dimethylpentylamine which is a prohibited substance according the World Anti-Doping Agency (WADA) 2012 prohibited list. It is regarded as a specified substance.
History
The athlete requested a B sample analysis, this analysis confirmed the findings of the A sample. The athlete admitted the violation and elected to participate in the proceedings to make submissions on the appropriate penalty. He had declared on the DFS doping control form that he had taken two substances on that day: “Pre Workout Jacked 3D 1 scoop” and “Super Pump Max 1 scoop”. But it turned out that another product he had not mentioned (1MR) was the cause for the positive test, he had not regarded this product as a supplement. He claimed he had no intention to enhance his sport performance.
There were are too many inconsistencies in the athlete’s evidence, to enable the Tribunal to accept on the balance of probabilities that the 1 MR was the source, that he took Jack3d Micro and not Jack3d on the day of the competition, or even that the substance tested by DFS was the substance which he took. These ‘inconsistencies’ mean that his evidence cannot be relied upon to satisfy how the prohibited substance had entered the athlete’s body. Also the athlete had mentioned the taking of supplements to give him a lift because he was disappointed in his results. The athlete had claimed in his submissions that he had received poor education on doping issues, but this was not acknowledged by the tribunal.
Decision
- The sanction is a period of ineligibility of two years and commences from December 5, 2012.
- His results obtained on November 3, 2012, are disqualified as well as are his results in any other competition held between that date and the date of this decision.
