ST 2017_07 DFSNZ vs Lachlan Frear

In November 2015 the New Zealand Medicines and Medical Devices Safety Authority (Medsafe) informed DFSNZ about the results of Medsafe’s investigation into an internet drug supplier NZ Clenbuterol and provided DFSNZ details about the internet purchases of prohibited substances made by Lachlan Frear

Hereafter in September 2017 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against the Respondent Lachlan Frear for the use, attempted use and possession of the prohibited substance clenbuterol.
After notification a provisional suspension was ordered. The Respondent filed a statement in his defece and he was heard for the Sports Tribunal of New Zealand.

The Respondent gave a prompt admission of the violations to DFSNZ, he denied he breached the anti-doping rules intentionally and he co-operated with the authorities. The Respondent admitted that he failed to research the product he purchased, but he thought it was a fat burner. The product was never received or used.

The Tribunal accepted Respondent’s violation was not intentional based on his evidence, reasons for wanting to purchase clenbuterol, and his lack of knowledge about the substance. The Tribunal accepted it was probable Respondent did not receive either order and there was no evidence of his having used clenbuterol. The Tribunal was satisfied based on his youth, and inexperience that Respondent never turned his mind to the fact his conduct breached anti-doping rules. As the Tribunal found Respondent’s breach was not intentional, the presumptive two year period of ineligibility applied.

The Tribunal was concerned about the time which elapsed between the matter initially coming to the attention of DFSNZ in 2015 and the subsequent lengthy investigation process before proceedings were filed against Mr Frear in September 2017. The Tribunal noted that Respondent made no attempt to avoid detection and was not at fault for the length of time it took DFSNZ to file proceedings. The Tribunal considered Respondent was entitled to some allowance for these delays.

Therefore the Sports Tribunal of New Zealand decides on 8 December 2017 to impose 2 year period of ineligibility on the Respondent starting backdated on 1 January 2017.

Original document

Parameters

Legal Source
National Decisions
Date
8 December 2017
Arbitrator
Aitken, Ruth
Earl, Georgina
Robertson, Bruce
Original Source
Sports Tribunal of New Zealand
Country
New Zealand
Language
English
ADRV
Possession
Use / attempted use
Legal Terms
Circumstantial evidence
Commencement of ineligibility period
Digital evidence / information
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Prompt / Timely Admission
Substantial delay / lapsed time limit
Sport/IFs
Ice Hockey (IIHF) - International Ice Hockey Federation
Other organisations
Drug Free Sport New Zealand (DFSNZ)
Doping classes
S1. Anabolic Agents
Substances
Clenbuterol
Various
Anti-Doping investigation
Clenbuterol NZ website
Supplements
Document type
Pdf file
Date generated
13 December 2017
Date of last modification
30 January 2019
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  • ADRV
  • Legal Terms
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  • Doping classes
  • Substances
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  • Various
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