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 the rugby player Zoey Berry.
Hereafter in September 2017 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against Zoey Berry 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 her defece and she was heard for the New Zealand Rugby Union Judicial Committee.
The Athlete gave a prompt admission for possession of clenbuterol and denied the use of the substance. She argued that the violation was not intentional and purchased the product to lose body fat. At that time she was not playing rugby and did not intend to play rugby again. She said that the product was bad quality and she threw the product away without using it.
The Committee rejected the Athlete’s explanations and concludes to their comfortable satisfaction that she used the clenbuterol and committed the alleged anti-doping rule violation. The Athlete can not rely upon her prompt admission as she did not give a full and frank admission. Further the Committee considers that there were substantial delays in the proceedings (almost 3 years) not attributed to the Athlete.
Therefore the Judicial Committee decides on 21 December 2017 to impose a 4 year period of ineligibility on the Athlete starting backdated on 31 July 2017.
