In September 2017 the New Zealand Medicines and Medical Devices Safety Authority (Medsafe) informed DFSNZ about an imported parcel which was intercepted by NZ Customs and addressed to the Athlete Brendon Keenan containing Erythropoietin (EPO). Here Medsafe’s investigation showed that the Athlete placed 3 orders for the vial of EPO. The first 2 orders were cancelled and the product not delivered. On the third transaction the Athlete used bitcoin as payment and the parcel was intercepted by Customs.
Hereafter in May 2018 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the Athlete for his attempted use and possession of the prohibited substance.
After notification the Athlete gave a prompt admission, denied the intentional use, waived his right to be heard, accepted a provisional suspension and the sanction proposed by DFSNZ.
The Athlete explained with medical evidence that he purchased the EPO solely to address a blood condition from which he was suffering to improve his health.
DFSNZ contended that the circumstances in which the Athlete sought and purchased EPO on the internet meant that he would not be able to establish that his conduct was not intentional under the Rules. DFSNZ regarded that the EPO was not for the treatment of a condition due to the Athlete was actively competing and training at the time of the purchase and the nature of the website and the bitcoin transaction to obtain the EPO indicated intentional use.
The parties in this case reached an agreement and filed a joint memorandum in relation to the sanction for approval into a decision of the Sports Tribunal of New Zealand.
The Tribunal considers that the Athlete gave a prompt admission and that the sanction can be backdated to the date of the violation.
Therefore the Sports Tribunal of New Zealand decides on 25 July 2018 to impose a 4 year period of ineligibility on the Athlete starting backdated on 7 September 2017 including disqualification of his results.
