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 Mitchell Frear.
Hereafter in September 2017 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against the Respondent Mitchell 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 finds that the Respondent purchased a substance online without any consideration of the risks and in breach of the high standards expected of all athletes. He exercised no caution in purchasing the product and took no action to uphold the high standards and clear obligations placed on all sport participants by the anti-doping regime.
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 Respondent 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.
