NZRU 2017 DFSNZ vs Qauqau-Dodds

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 Qauqau-Dodds.

Hereafter in September 2017 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against the Respondent Qauqau-Dodds for the use, attempted use and possession of the prohibited substance Dianabol (metandienone). After notification a provisional suspension was ordered. The Respondent filed a statement in his defece and he was heard for the New Zealand Rugby Union Judicial Committee.

The Respondent gave a prompt admission for possession and use of metandienone and acknowledged that he was naïve and reckless when he used the substance to gain more muscle. He stated that he has never been subject to a drug testing regime and has never had formal education as to the Rules or issues relating to drug testing.

Based on the evidence the Committee is not prepared to backdate the period of ineligibility on the basis of the Respondent’s prompt admission. The Committee is not satisfied on the balance of probabilities that he only used one supply of Dianabol in 2014 and thus cannot be satisfied that his admission was full and frank. Further the Committee considers that there were substantial delays in the proceedings (3 years) not attributed to the Respondent.

Therefore the Judicial Committee decides on 21 December 2017 to impose a 2 year period of ineligibility on the Respondent backdated on 31 July 2017.

Original document

Parameters

Legal Source
National Decisions
Date
21 December 2017
Arbitrator
Bell, Kevin
Paterson, Barry
Upton, Bernie
Original Source
New Zealand Rugby Union Anti-Doping Tribunal
Country
New Zealand
Language
English
ADRV
Possession
Use / attempted use
Legal Terms
Case law / jurisprudence
Circumstantial evidence
Commencement of ineligibility period
Digital evidence / information
Lex mitior
Period of ineligibility
Prompt / Timely Admission
Substantial delay / lapsed time limit
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
Drug Free Sport New Zealand (DFSNZ)
New Zealand Rugby Union (NZRU)
Doping classes
S1. Anabolic Agents
Substances
Metandienone (17β-hydroxy-17α-methylandrosta-1,4-dien-3-one)
Various
Anti-Doping investigation
Clenbuterol NZ website
Document type
Pdf file
Date generated
18 January 2018
Date of last modification
26 April 2021
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  • ADRV
  • Legal Terms
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  • Analytical aspects
  • Doping classes
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  • Various
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