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. Details about the internet purchases of prohibited substances made by the rugby player Kalib Hamiora Whakataka were provided to DFSNZ.
Hereafter in November 2017 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against the Respondent Hamiora Whakataka 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 his defence and he was heard for the New Zealand Rugby Union Judicial Committee.
The Respondent admitted the possession and use of clenbuterol in 2014 and 2015. He stated that he used the substance to lose weight and not to enhance his sports performance while he wasn’t aware that he committed an anti-doping rule violation. He challenged the jurisdiction of the Committee and argued that he is entitled for a reduced sanction on the basis of substantial delays in this case and his prompt admission.
DFSNZ rejected the Respondent’s arguments and asserted that the Respondent knew that the Clenbuterol was a prohibited substance or that he knew there was a significant risk that by using the Clenbuterol he might be committing an anti-doping rule violation and manifestly disregarded that risk.
The Committee concludes that the Respondent wasn’t aware that the Rules applied on him and that he established that he didn't know that there was a significant risk. The Committee considers that there were substantial delays in the proceedings not attributed to the Respondent and that he failed to give a prompt admission due to he challenged the violation in this case.
Therefore the Judicial Committee decides in 2 April 2018 to impose a 2 year period of ineligibility on the Respondent starting backdated on 17 July 2017.
