ST 2017_09 DFSNZ vs Christopher Ware

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 Christopher Ware.

Hereafter in September 2017 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against the Respondent Christopher Ware 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 and co-operated with DFSNZ. He asserted that he is an amateur club cricketer, was never drug tested, had never received any drug education and did not know to check whether a substance was prohibited. He stated that he purchased the clenbuterol only to assist him to reduce his weight. He did lose some weight but did not re-order or use the product after January 2015.

The Tribunal accepts that the Respondent did not know that clenbuterol was a prohibited susbstance under the Rules and that the anti-doping rule violation was not intentional. The Tribunal finds that the Respondent did make timely admission and otherwise cooperated. Further the Tribunal considers that there were substantial delays in the proceedings not attributed to the Respondent.
Therefore the Sports Tribunal of New Zealand decides on 21 December 2017 to impose a 2 year period of ineligibility on the Respondent starting backdated on 1 January 2017.

Original document

Parameters

Legal Source
National Decisions
Date
21 December 2017
Arbitrator
Brunner, Chantal
Farmer, Jim
Tesoriero, Paula
Original Source
Sports Tribunal of New Zealand
Country
New Zealand
Language
English
ADRV
Possession
Use / attempted use
Legal Terms
Case law / jurisprudence
Circumstantial evidence
Commencement of ineligibility period
Digital evidence / information
No intention to enhance performance
Period of ineligibility
Prompt / Timely Admission
Substantial delay / lapsed time limit
Sport/IFs
Cricket (ICC) - International Cricket Council
Other organisations
Drug Free Sport New Zealand (DFSNZ)
New Zealand Cricket (NZC)
Doping classes
S1. Anabolic Agents
Substances
Clenbuterol
Various
Amateur / club / recreational sport
Anti-Doping investigation
Clenbuterol NZ website
Education
Document type
Pdf file
Date generated
17 January 2018
Date of last modification
30 January 2019
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  • ADRV
  • Legal Terms
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  • Analytical aspects
  • Doping classes
  • Substances
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  • Various
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Origin