NZRU 2016 DFSNZ vs Adam Jowsey

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 Adam Jowsey.

Hereafter in July 2016 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against the Respondent Adam Jowsey 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 2015 and stated that he used the substance to lose weight and to improve his appearance and not to enhance his sports performance. He demonstrated that at that time he underwent a strenuous exercise programme combined with a strict diet. Due to his lack of sleep and physical exhaustion he had a poor mental capactity te be aware that clenbuterol would normally raise concerns when he purchased the product. He acknowledged that he failed to research the product before using.

The Committee accepts that the Respondent used the clenbuterol for slimming purposed and that he was unaware that there was a high probability that the substance was on the prohibited list. The Committee considers that the Respondent gave a prompt admission and that there were substantial delays in the proceedings not attributed to the Respondent.

Therefore the Judicial Committee decides on 10 November 2016 to impose a 2 year period of ineligibility on the Respondent starting backdated on 1 February 2016.

Original document

Parameters

Legal Source
National Decisions
Date
10 November 2016
Arbitrator
Murphy, Ian
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
Negligence
No intention to enhance performance
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
Clenbuterol
Various
Anti-Doping investigation
Clenbuterol NZ website
Document type
Pdf file
Date generated
23 January 2018
Date of last modification
30 January 2019
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