Related cases:
- ST 2016_03 DFSNZ vs Karl Murray
December 20, 2016 - ST 2017_02 DFSNZ vs Karl Murray
October 13, 2017 - CAS 2017_A_4937 DFSNZ vs Karl Murray
December 15, 2017 - ST 2017_02 DFSNZ vs Karl Murray - Decision on Sanction
May 8, 2018
In May 2017 Drug Free Sport New Zealand (DFSNZ) reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance Clenbuterol. On 13 October 2017 the Sports Tribunal of New Zealand concluded that the Athlete committed the anti-doping rule violation. A decision about the sanction was adjourned and scheduled for 2018 after the release on 15 December 2017 of the CAS Award (CAS 2017/A/4937) regarding his previous committed violation.
Before the sanction hearing was scheduled the Athlete raised an issue about the Tribunal’s jurisdiction. The Athlete argued that at the time of the sample collection he was not a subject of the Cycling NZ Anti-Doping Rules. He asserted that he provided a sample on 18 March 2017, while his issued cycling licence was dated 11 April 2017, some weeks after the sample collection.
The Tribunal establish that the Athlete applied for membership of the Manukau Club and Cycling NZ on 24 February 2017. The application was in accordance with the UCI Rules and also acknowledged by email on the same day. Further the Tribunal establish that the date of 11 April 2017 mentioned on the Athlete’s cycling licence was erroneous and should have been the date of the application: 24 February 2017.
Therefore the Sports Tribunal of New Zealand concludes on 14 March 2018 that the Tribunal has jurisdiction and that the sanction hearing can be scheduled.
