NZRU 2017 DFSNZ vs Minor Athlete

In 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 and provided DFSNZ details of the minor Athlete’s internet purchases of prohibited substances from this internet supplier.

Hereafter in December 2017 Drug Free Sport New Zealand (DFSNZ) has reported 2 anti-doping rule violations against the minor rugby player for the use, attempted use and possession in 2014 and in 2015 of the prohibited substance Clenbuterol. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the New Zealand Rugby Union Judicial Committee.

The Athlete admitted the violation and stated that he purchased and used Clenbuterol only in 2014. He denied the possession and the use of the substance in 2015. He explained that he used the product to lose weight and make his body better.

DFSNZ rejected the Athlete’s statement in respect of the year 2015. DFSNZ contended that the Athlete ordered sufficient Clenbuterol for 520 day’s supply; there was the credibility issue with his parents destroying the Clenbuterol supply; there were inconsistencies in his evidence; and there were changes in his evidence between the written statement and the evidence given in cross examination.

The Committee is comfortably satisfied that the Athlete was indeed in possession of Clenbuterol and used the substance in the 2015 year.
The Committee's view is that on its assessment of the evidence, the Athlete has not satisfied it on the balance of probabilities that he was not aware that he was taking a significant risk. His statement that he bought the drug merely to lose weight heading into the 2014-15 summer is not sufficient to discharge the onus in view of the accumulation of the other evidence.

The Committee concludes that there are no grounds for a reduced sanction due to the Athlete failed to establish No Significant Fault or Negligence nor that the violation was not intentional. Further the Committee considers that there were substantial delays in the proceedings not attributed to the Athlete.

Therefore the Judicial Committee decides on 14 May 2018 to impose a 4 year period of ineligibility on the minor Athlete starting backdated on 1 August 2017.

Original document

Parameters

Legal Source
National Decisions
Date
14 May 2018
Arbitrator
Hampton, Nigel
Murphy, Ian
Paterson, Barry
Original Source
Drug Free Sport New Zealand (DFSNZ)
New Zealand Rugby Union Anti-Doping Tribunal
Country
New Zealand
Language
English
ADRV
Possession
Use / attempted use
Legal Terms
Admission
Circumstantial evidence
Digital evidence / information
Minor
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
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
Document type
Pdf file
Date generated
11 July 2018
Date of last modification
30 January 2019
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  • Education
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  • ADRV
  • Legal Terms
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  • Doping classes
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  • Various
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Origin