Related case:
- ST 2017_02 DFSNZ vs Karl Murray
October 13, 2017 - CAS 2017_A_4937 DFSNZ vs Karl Murray
December 15, 2017 - ST 2017_02 DFSNZ vs Karl Murray - Decision on Jurisdiction
March 14, 2018 - ST 2017_02 DFSNZ vs Karl Murray - Decision on Sanction
May 8, 2018
On 8 April 2014 the Commission for the Fight against Doping of New Caledonia decided to impose a 2 year period of ineligibility on the Respondent Karl Murray after his sample tested positive for the prohibited substances 19-noretiocholanolone (Nandrolone) and Testosterone.
Previously the imposed sanction was restricted to New Caledonia only but afterwards adopted by the UCI in March 2015 and automatically extended to New Zealand. The Athlete's ban would end on 7 April 2016.
In April 2016 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against the Respondent for violating the imposed period of ineligibility and for tampering.
After notification a provisional suspension was ordered and the Respondent was heard for the Sports Tribunal of New Zealand.
DFSNZ asserted that the Respondent in the period of ineligibility had written, provided and discussed training plans with two competitive cyclists on several occasions. When interviewed in March 2016 he provided false, misleading and incorrect (and hence) fraudulent information to DFSNZ.
Considering the evidence in this case the Tribunal is not comfortably satisfied that DFSNZ has proven that the Respondent coached the cyclists while banned. While there is certainly evidence to this effect and having heard and seen all the witnesses the Tribunal does not find that the evidence is of the requisite “strong” quality to establish proof of what are serious allegations. Much of it is of the nature of suspicion, hearsay or supposition.
Therefore the Tribunal decides on 20 December 2016 to dismiss the allegations against the Respondent.
