Drug Free Sport New Zealand (DFSNZ) has reported and anti-doping rule violation against the Respondent Mark Spessot after his sample tested positive for the prohibited substances prednisone and terbutaline. After notification a provisional suspension was ordered. Respondent filed a statement in his defence and was heard for the Tribunal.
The Respondent gave a prompt admission of the violation and stated that he had used the substances as medication, obtained from an earlier prescription, as treatment for his asthma two days before the competition without intention to enhance his performance.
After the notification of the violation the Respondent’s application for a retroactive TUE was declined due to insufficient medical evidence had been provided to meet the TUE International Standard requirements. To meet the standard in this case, the Respondent would have been required to produce medical evidence that the taking of the prohibited substances was necessary at the time. This would have required a doctor’s visit in relation to the specific period, despite it being a recurrent condition.
The Tribunal finds it difficult to accept that the Respondent’s decision to enter the competition with his degree of experience, and general awareness of the testing regime and prohibited status of prednisone does not amount to significant fault or negligence given the strict obligations on athletes under the Rules.
The Tribunal finds that the Respondent failed to establish that there was no significant fault or negligence on his part in committing the violation. His actions were casual and unthinking and that is not consistent with the clear obligations on every athlete.
Considering the circumstances the Sports Tribunal of New Zealand decides on 23 March 2016 to impose a 2 year period of ineligibility on the Respondent starting on the date of the sample collection, i.e. on 19 September 2015.
