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 rugby player Tukiterangi Jahna Raimona’s internet purchases of prohibited substances from this internet supplier.
Hereafter in November 2017 Drug Free Sport New Zealand (DFSNZ) has reported 2 anti-doping rule violations against the Athlete for the use, attempted use and possession in 2015 of the prohibited substance Metandienone (Dianabol).
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 gave a prompt admission for his use of the substance in January 2015 and possession in February 2015. He denied that the violation was intentional and stated that there are grounds for No Significant Fault or Negligence.
He explained that he broke his jaw in 2014 and became depressed when he started to use Dianabol in 2015. He stated that in the period before March 2015 he was off contract, not registered for a rugby club anywhere in New Zealand and he was not planning on playing rugby again.
In addition the Athlete argued that the Judicial Committee has no jurisdiction because he applied for NZR registration in March 2015 and only after confirmation of his membership he became subject to the Sport Anti-Doping Rules 2015 (SADR). In this matter he disputed the application that his membership was backdated for the whole 2014-2015 season through this registration in March 2015 and consequently that he was bound to the SADR for the whole season.
Based on case law, the applicable Rules and guidelines DFSNZ contended that it was justified that the Athlete was bound to the SADR for the whole 2014-2015 season through his NZR registration in March 2015.
The Judicial Committee accepts the arguments of DFSNZ and deems that the Committee has jurisdiction as a result of backdating the Athlete’s registration. There is nothing in the law which prevents NZR from adopting this approach to the application of the season.
Considering the evidence in this case the Committee accepts that the violation was not intentional. The Committee concludes that the Athlete did not know that his conduct constituted an anti-doping violation and did not apprehend that there was a significant risk that his conduct might constitute such a violation.
The Committee holds that there are grounds to back-date the sanction although the Athlete failed to establish No Significant Fault or Negligence.
Therefore the Committee decides on 30 June 2018 to impose a 2 year period of ineligibility on the Athlete starting backdated on 28 May 2017.
