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 NZ Clenbuterol and provided DFSNZ details about the internet purchases in 2014 of prohibited substances made by the rugby player Shanan Kapene.
Hereafter in August 2018 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against Shanan Kapene for the use, attempted use and possession of the prohibited substances Clenbuterol, Tamoxifen and Testosterone.
The Athlete gave a prompt admission, denied the intentional use, waived his right to be heard, accepted the provisional suspension and the sanction proposed by DFSNZ. He explained that he used the substances to lose weight and gain muscle for aesthetics reasons and not to enhance sports performance. He used the Tamoxifen to address the side effects he experienced and didn’t know that these substances were prohibited.
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 New Zealand Rugby Union Judicial Committee.
The Judicial Committee considers that the Athlete gave a prompt admission and that there were substantial delays in the proceedings not attributed to the Athlete.
Therefore the New Zealand Rugby Union Judicial Committee decides on 15 November 2018 to impose a 2 year period of ineligibility on the Athlete starting backdated by 12 months, i.e. on 15 August 2017.