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 Rhys Pedersen.
Hereafter in October 2017 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against the Respondent Rhys Pedersen for the use, attempted use and possession of the prohibited substance clenbuterol. After notification a provisional suspension was ordered. The Respondent filed a statement with evidence in his defence and he was heard for the New Zealand Rugby Union Judicial Committee.
The Respondent gave a prompt admission for possession and use of clenbuterol in 2014 and contended that there were grounds for No Significant Fault or Negligence. He stated that he used the substance to lose weight, to improve his appearance and gain back some self-esteem. He explained - sustained by his doctor - that he suffered from several concussions, was severely distressed and gained considerable weight in 2014. He stated that he took the substance but did not like the taste, stopped using it before he finished the bottle and did not notice any weight loss.
The Respondent’s sister testified and confirmed his problems in 2014. She stated that he ordered twice clenbuterol for her use due to she wanted to lose weight. He did not use them.
The Committee accepts the Respondent’s evidence that he had personal problems and accepts, on the balance of probabilities, that he purchased the clenbuterol for the purposes of losing weight and not to enhance his performances. The Committee considers that the Respondent gave a prompt admission and that there were substantial delays in the proceedings not attributed to the Respondent. Also the Committee concludes that the Respondent’s degree of fault in this case was reasonable, if not substantial.
Therefore the Judicial Committee decides on 21 December 2017 to impose a 1 year and 9 month period of ineligibility on the Respondent starting backdated on 1 January 2017.
