Related case:
ST 2014_14 DFSNZ vs Gareth Dawson
August 1, 2014
In August 2017 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the basketball player Gareth Dawson after his sample tested positive for the prohibited substance higenamine. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and waived his right to be heard before the Sports Tribunal of New Zealand.
Previously in 2014 a 12 month period of ineligibility was imposed on the Athlete after his A and B samples tested positive for the prohibited substance tamoxifen related to the prescribed medication he took.
The Athlete admitted the violation and stated that he had used a number of medications, related to cold symptoms, and since 2015 the supplement Oxyshred. He asserted that he had been very cautious following his previous violation to ensure he checked the product before using.
DFSNZ accepted that the violation was not intentional and that the product Oxyshred, a thermogenic fat burner product, was the source of the positive test. Also DFSNZ establish that before 2017 higenamine was not specifically listed in the Prohibited List and on some websites higenamine was mentioned as ingredient, but on others it was is not specifically disclosed in the advertised labeling.
However DFSNZ argued that the Athlete should have done more to avoid a positive test and his degree of fault or lack of care was high.
The Tribunal finds that the Athlete is an experienced athlete who has received anti-doping education, including being suspended for a previous anti-doping violation. His failure to be diligent about the safety of the product resulted in a second violation when he purchased and used a risky supplement. The Tribunal considers this his a second doping violation, that he gave a prompt admission, but has otherwise has not been helpful or cooperative, and that there are no further grounds for a reduced sanction.
Therefore the Sports Tribunal of New Zealand decides on 15 December 2017 to impose a 4 year period of ineligiblility on the Athlete starting on 31 July 2017.
